Search Results for "CPC amendment 1976"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "CPC amendment 1976"

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High Court

High Court of Karnataka Holds Appeal Maintainable Under Section 13(1A) of Commercial Courts Act Against Ex-Parte Mandatory Injunction in Copyright Infringement Suit. Trial Court’s Failure to Record Reasons for Dispensing Notice Before Granting Mandatory Injunction Under Order 39 Rule 3 CPC Challenged as Violative of Procedural Mandate.

8 Nov 2022

The appellant, Smt. Supriya Shrinate, the Chairperson of Social Media and Digital Platforms of the Indian National Congress, challenged an ex-parte or...

Supreme Court

Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Subletting and Non-Joinder of Parties — High Court Exceeded Section 100 CPC Jurisdiction by Deciding on Unframed Questions of Law. The Court restored the First Appellate Court's eviction decree, holding that the High Court cannot re-appreciate facts or decide on issues not framed as substantial questions of law under Section 100 CPC.

20 Sep 2024

This appeal arises from a long-standing landlord-tenant dispute concerning premises in Calcutta. The plaintiff-appellants, trustees of a trust created...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Over Rectification Deed — Upholds Concurrent Findings on Possession and Title. The court held that the plaintiff failed to prove possession and title over the suit property, and the rectification deed did not alter the defendant's prior rights.

30 Jun 2017

The appellant, Shubhangi Ramesh Bhatkar, was the plaintiff in Regular Civil Suit No. 15 of 2006 before the Civil Judge, Senior Division, Ratnagiri. Sh...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

Supreme Court

Supreme Court Allows Restoration of Appeal Despite No Liberty Clause in Compromise Order — Restoration Held to be Statutory Right Under Order 23 Rule 3 CPC. The court held that a party cannot be deprived of the statutory right to seek restoration of an appeal after a compromise decree, even if the court's order expressly denies liberty to restore.

10 Dec 2024

The appellant, Navratan Lal Sharma, filed a suit for declaration and injunction against respondents Radha Mohan Sharma and others, alleging forgery of...

Supreme Court

Supreme Court Allows Partition Appeal in Thiyya Family Dispute — Presumption of Marriage and Legitimacy Upheld Based on Long Cohabitation. Law leans in favour of legitimacy and frowns upon bastardy; presumption under Section 114 of Indian Evidence Act, 1872 arises from long cohabitation and is rebuttable only by clear evidence.

13 Jun 2022

The case involves a dispute over partition of ancestral property belonging to a Thiyya family governed by Mitakshara law. The appellants (plaintiffs) ...

High Court

High Court of Karnataka Disposes of Writ Petitions Filed Under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Petitioners Sought Declaration That 1977-78 BDA Land Acquisition Had Lapsed Due to Non-Taking of Possession or Non-Payment of Compensation.

14 Dec 2017

These three sets of writ petitions were filed before the High Court of Karnataka, all relating to the acquisition of land measuring seven acres in Sur...

Supreme Court

Supreme Court Dismisses Review Petitions in Rafale Procurement Case, Corrects Factual Error in Judgment. The Court held that the review petitions did not disclose any error apparent on the face of the record and that the scope of judicial review under Article 32 in procurement matters is limited to examining the decision-making process, pricing, and offsets.

14 Nov 2019

The Supreme Court of India delivered a judgment on a review petition and miscellaneous applications arising from its earlier judgment dated 14.12.2018...

Supreme Court

Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

29 May 2026

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

Supreme Court

Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

1 Jan 2023

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

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