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

Search Results for "CPC applicability"

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Supreme Court

Supreme Court Reverses High Court Decision and Upholds Dismissal of Second Suit on Grounds of Res Judicata and Order II Rule 2 CPC. The Court held that the second suit was barred as it involved the same parties, subject matter, and cause of action as the first suit, and the High Court erred in interfering with concurrent findings under Section 100 CPC.

9 Apr 2026

The dispute originated from an adoption deed dated March 23, 1961, where Respondent allegedly adopted Channappa. In 2002, Respondent filed Suit-I (O.S...

High Court

High Court of Karnataka Quashes Execution Court Order in Recovery of Possession Case — Petitioner's Application for Re-Delivery Dismissed as Not Maintainable Under Order XXI Rule 100 CPC. Court Held That Order XXI Rule 100 CPC Applies Only When Decree Holder Is Not Party to Proceedings, Not When Decree Holder Seeks Possession Against Judgment Debtor.

9 Jul 2024

The petitioner, Smt. Girija Poojarthi, was the defendant No.7 in a suit for recovery of possession (O.S.No.374/1999) which was decreed on 24.07.2007. ...

High Court

Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

1 Mar 2019

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Recall of Compromise Decree in Comunidade Land Dispute. Civil Court Cannot Recall Compromise Decree Without Application Under Order 23 Rule 3A CPC, as It Acts Without Jurisdiction.

4 Aug 2022

The petitioner, Govind Atmaram Kubal, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 23.12.2019 passe...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Order 7 Rule 11(d) CPC Application in Suit for Specific Performance. Court Holds That Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

7 Sep 2023

The case involves a Civil Revision Application and a Writ Petition filed by M/s J.M. Baxi & Co. (the applicant/petitioner) challenging an order dated ...

High Court

Bombay High Court Dismisses Appeal Against Grant of Liberty to Withdraw Suit Under Order 23 Rule 1(3) CPC — Appeal Not Maintainable Under Section 13 of Commercial Courts Act, 2015. The order granting leave to withdraw with liberty to file fresh suit is not a 'judgment' under Section 13 of the Commercial Courts Act, 2015, and hence no appeal lies.

11 Mar 2022

The Appellant, Resilient Innovations Private Limited, filed an appeal under Section 13 of the Commercial Courts Act, 2015, challenging an order of the...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

Supreme Court

Supreme Court Reviews Competence of Execution Court to Entertain Section 47 CPC Objections to International Arbitral Award Allegedly Tainted by Fraud; High Court's Dismissal of Objections Questioned. Public Sector Undertaking Appellant Contended That Award Procured Through Collusion of Own Officers with Decree-Holder Is Void Ab Initio, but Executing Court Found No Established Finding of Fraud.

1 Jan 1970

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (a Public Sector Undertaking) and Anglo American Metallurgical Coal...

High Court

High Court of Karnataka Allows Petition Challenging Impleadment Order in Specific Performance Suit — Purchaser Pendente Lite Not a Necessary Party Under Order 1 Rule 10 CPC. Doctrine of Lis Pendens Binds Transferee to Decree, Making Impleadment Unnecessary.

30 May 2013

The petitioner, Sri T.S. Mahadevaiah, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 17.1.20...

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