Search Results for "CPC Section 115"

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High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
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Search Results for "CPC Section 115"

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High Court

High Court Allows Civil Revision Petition and Quashes Transfer Order in Property Dispute Cases. Court Holds Revision Under Section 115 CPC Maintainable Against Transfer Order Under Section 24 CPC as It Constitutes 'Case Decided' Where No Appeal Lies, and Transfer Would Unnecessarily Delay Time-Bound Proceedings.

24 Mar 2026

The dispute originated from two civil suits: O.S.No.1453/2024 filed by respondents for specific performance of an agreement dated 13.03.2023, and O.S....

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

Karnataka High Court Allows Landlord's Revision in Ejectment Suit, Dismisses Tenant's Revision — Landlord Establishes Title and Tenant Fails to Prove Ownership. Landlord Proves Title Through Registered Sale Deed and Tax Receipts; Tenant's Adverse Possession Claim Fails for Lack of Evidence of Ouster Under Section 18 of Karnataka Small Causes Court Act, 1964.

28 Jun 2023

The case involves two revision petitions arising from a suit for ejectment filed by Sri Ramula Sannidhi (plaintiff/landlord) against Sri Jabarchand (d...

High Court

Karnataka High Court Allows Revision Petition in Property Declaration Suit — Order VII Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11(d) CPC when the plaintiff's claim is based on a different title and the earlier decree is challenged as not binding.

23 Jun 2023

The case arises from a civil revision petition filed by the petitioner (defendant No.1 in the original suit) challenging the order dated 02.06.2022 pa...

High Court

High Court of Karnataka Allows Decree Holder's Appeal Against Dismissal of Execution Petition for Non-Prosecution — Restoration Granted on Grounds of Sufficient Cause. The court held that the executing court erred in dismissing the execution petition for default and refusing restoration, as the decree holder had shown sufficient cause for non-appearance.

19 Dec 2019

The appellant, Basavaraj S/o Shamrao Sinigond, as the legal representative of the original decree holder Chandamma, filed a writ appeal against the or...

High Court

High Court of Karnataka Dismisses Revision Petition in Final Decree Proceedings — Rejection of Review Application Under Section 47 CPC Upheld. Court holds that objections to execution of a decree cannot be raised after final decree is passed and that a review application is not maintainable when the decree has merged with a higher court's order.

6 Dec 2019

The revision petition arises out of the impugned judgment and order dated 16.06.2016 passed in FDP No.113/2010 on the file of the XXII Additional City...

High Court

Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

24 Jan 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as the appellant failed to prove exclusive title and the courts below correctly found the property to be ancestral joint family property.

30 Nov -0001

The case involves a second appeal filed by Manohar Sampat Bavaskar (original defendant no.1) against the judgment and decree of the District Court, Ja...

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