Search Results for "CPC applicability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "CPC applicability"

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High Court

Bombay High Court Dismisses Election Petition for Non-Disclosure of Cause of Action in Mahim Constituency Dispute. Failure to disclose chargesheets in Form 26 affidavit does not constitute corrupt practice under Section 100(1)(b) of the Representation of the People Act, 1951, as the alleged non-disclosure did not materially affect the election result.

7 Apr 2026

The case involves an Interim Application filed by Mahesh Baliram Sawant, the returned candidate from the Mahim Constituency in the 15th Maharashtra Le...

Supreme Court

Supreme Court Sets Aside High Court Order Permitting Recall and Reopening of Evidence in Civil Suit Due to Impermissible Filling of Lacunae. Recalling Witness Under Order XVIII Rule 17 CPC Cannot Be Used to Adduce Additional Evidence After Deletion of Rule 17A, Especially When Prior Admissions Exist.

4 Aug 2026

The dispute arose from a civil suit filed in 2010 seeking declaration of ownership and permanent injunction over certain properties. The appellant, de...

Supreme Court

Supreme Court Grants Leave to Appeal Against High Court Order Upholding CLB's Condonation of Delay in Share Transmission Registration. Core Issue Revolves Around Interpretation of Section 58(3) of Companies Act, 2013 and the CLB's Inherent Powers to Apply Limitation Act Provisions.

1 Jan 1970

The dispute centered on the condonation of a 249-day delay in filing an appeal under Section 58(3) of the Companies Act, 2013 before the Company Law B...

High Court

High Court of Bombay at Goa Adjudicates Writ Petitions Against Dismissal of Amendment Applications in Civil Suit. Dispute Involves Plea of Fraud in Consent Decree and Applicability of Procedural Bars under the Code of Civil Procedure, 1908.

4 Oct 2016

The judgment arises from three writ petitions challenging a common order dated 30.10.2015 passed in Special Civil Suit No. 89/2006/B by the Civil Judg...

High Court

High Court of Karnataka Allows Appeal in Trust Property Dispute — Order of Temporary Injunction Set Aside for Non-Compliance with Order 39 Rule 3 CPC. Court holds that ex-parte injunction granted without recording reasons or issuing notice is unsustainable.

2 Sep 2024

The appellants, who were defendants in a suit filed by the respondent trust, challenged an ex-parte ad-interim order of temporary injunction granted b...

Supreme Court

Supreme Court Allows State's Appeal in Land Title Dispute, Holds Res Judicata Not Applicable to Findings in Dismissed Suits. The State was not required to appeal findings in suits dismissed against it, and such findings do not bar the State from contesting the same issue in a related suit where a decree was passed against it.

9 Aug 2019

The Supreme Court considered appeals against a High Court order that dismissed the State's appeal in a land title dispute on grounds of res judicata. ...

High Court

Bombay High Court Allows Husband's Appeal in Property Dispute After Divorce — Order 2 Rule 2 CPC Bar Not Applicable. The court held that a claim for declaration of ownership of a jointly owned flat filed after a divorce decree is not barred by Order 2 Rule 2 CPC as the cause of action for divorce and property relief are distinct.

23 Aug 2024

The appellant-husband and respondent-wife were married in 1967 and had two sons. In 1996-97, they purchased a flat in Mumbai in their joint names. In ...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

High Court

Bombay High Court Allows Return of Dispute to Civil Court in Co-operative Society Employee Termination Case — Jurisdictional Bar Under Section 91 MCS Act Does Not Preclude Return Under Order VII Rule 10 CPC. The court held that the Co-operative Court lacked jurisdiction over service disputes but could return the plaint under Order VII Rule 10 CPC for presentation before the Civil Court.

6 Aug 2024

The petitioner, Madhukar Mahadev Patil, was an employee of the Sangli Zilla Madhyawarti Sahakari Bank Ltd., a co-operative society. He was terminated ...

Supreme Court

Supreme Court Dismisses Appeals Against High Court Orders Declaring Abatement and Rejecting Substitution in Second Appeal. Non-Substitution of Legal Heir of Co-Appellant Results in Whole Appeal Abating Where Decree is Joint and Indivisible, and Delay Condonation Denied as No Sufficient Cause Shown Under Order XXII CPC and Limitation Act.

1 Jan 1970

The dispute arose from a civil suit for declaration, recovery of possession, and mesne profits regarding a house. The plaintiff claimed exclusive titl...

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