Search Results for "CPC amendment 1976"

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Search Results for "CPC amendment 1976"

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Supreme Court

Supreme Court Allows Appeal in Government Contract Dispute — Substantial Compliance with Section 80 CPC Sufficient. Notice under Section 80 CPC need not be pedantically scrutinized; substantial compliance with cause of action and relief indicated is adequate.

30 Apr 2019

The present appeals relate to whether a notice under Section 80 of the Code of Civil Procedure (CPC) has been given to the State of Tamil Nadu in term...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

High Court of Karnataka Allows Civil Revision Petition and Quashes Trial Court Order Accepting Deficit Court Fee After Two-Year Delay. Trial Court Erred in Exercising Discretion Under Section 149 CPC Without Proper Application of Mind and Beyond Statutory Time Limits Under Section 148 CPC, Rendering Suit Stillborn.

18 Feb 2026

The dispute arose from a civil revision petition filed by defendants challenging the Trial Court's order accepting deficit court fee payment after two...

High Court

High Court Disposes Writ Petition Under Article 227 of Constitution of India, Directs Trial Court to Reconsider Compromise Decree in Ancestral Property Dispute Involving Fraud Allegations

14 Jan 2026

The petitioners filed a writ petition under Article 227 of Constitution of India to quash a compromise decree in OS No. 123/2025, alleging it was frau...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Applicability of Order XXXVII CPC to Summary Suits Filed Before Civil Judge (Senior Division). The court held that Order XXXVII CPC applies to all courts specified in Rule 1, including Civil Judge (Senior Division), and Circular ROC No.2526/1959 is not applicable.

29 Jun 2015

The petitioner, Sri. Ashok P Shah, the defendant in O.S. No. 16/2014 pending before the Civil Judge (Senior Division) at Chitradurga, filed a writ pet...

Supreme Court

Supreme Court Sets Aside High Court Interim Status Quo Order in Second Appeal for Non-Compliance with Section 100 CPC. High Court Cannot Grant Interim Relief Without First Formulating Substantial Question of Law.

1 Jan 2025

The Supreme Court considered an appeal against an interim order dated 20.09.2024 passed by the High Court of Andhra Pradesh in a second appeal. The di...

High Court

High Court of Karnataka Dismisses Petition for Correction of Decree After 17 Years — Amendment Sought to Change Survey Number in Judgment and Decree Rejected as Barred by Res Judicata and Lack of Jurisdiction Under Section 152 CPC. The court held that the correction of a clerical error under Section 152 CPC cannot be used to alter the subject matter of a suit that has been finally adjudicated.

6 Sep 2018

The petitioner, Parashuram, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.08.2016 passed by the ...

Supreme Court

Supreme Court Allows Appellant in Civil Procedure Dispute Over Maintainability of Appeal Against Consent Decree. Court Held That Party to Suit Can Directly File First Appeal Under Section 96 of Code of Civil Procedure, 1908, Despite Section 96(3) Bar, as 1976 Amendment Introduced Order XLIII Rule 1-A(2) Preserving Such Remedy.

23 Apr 2025

The appeal arose from a dispute over land in Siddhpur, District Patan, involving multiple parties including the appellant Sakina Sultanali Sunesara an...

Supreme Court

Supreme Court Sets Aside Eviction Decree in Landlord-Tenant Dispute: Admission in Unconnected Case Not Clear, Unambiguous, or Unequivocal Under Order XII Rule 6 CPC. Court Holds That a Statement Made in Cross-Examination in Another Case, Where the Tenant Admitted Tenancy Was in His Mother's Name, Does Not Constitute a Valid Admission for Summary Judgment Without Trial.

20 Sep 2024

The Supreme Court allowed the appeal against the judgment of the Calcutta High Court, which had decreed eviction of the appellants (tenants) from a pr...

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