Search Results for "Order VIII CPC"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Order VIII CPC"

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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 ...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

Supreme Court

Supreme Court Dismisses Appellant's Appeal in Specific Performance Suit Due to Repeated Delays in Filing Written Statement. Unamended Order VIII Rule 1 CPC is Directory but Gross Negligence Justifies Striking Off Defence.

17 Jan 2020

The Supreme Court dismissed the appeal filed by Desh Raj against the order of the Delhi High Court which upheld the Civil Court's decision to close hi...

Supreme Court

Supreme Court Allows Summary Judgment in Recovery Suit Against DDA for Refund of Sale Consideration After Land Acquisition Lapses. The Court held that DDA cannot retain the money after failing to convey title due to lapsing of acquisition, and the suit was within limitation.

29 Apr 2026

The Supreme Court allowed the appeal against the Delhi High Court's order dismissing the appellant's application for summary judgment under Order XIII...

Supreme Court

Supreme Court Allows Appeal in Land Auction Dispute, Reversing High Court's Declaration of Auction as Null and Void. Dispute Involved Title to Land Under Urban Land (Ceiling and Regulation) Act, 1976 and Validity of Auction by Development Authority, with Trial Court Upholding Auction and High Court Overturning It.

5 Aug 2021

The appeal arose from a judgment of the High Court of Judicature at Allahabad, which allowed a first appeal under Section 96 of the Code of Civil Proc...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside First Appellate Court's Decree for Non-Compliance with Order 8 Rule 10 CPC and Abatement of Appeal. The court held that the first appellate court failed to assign reasons for reversing the trial court's findings and that the appeal abated due to non-joinder of legal representatives of deceased defendants.

9 Aug 2019

The dispute pertains to ancestral joint family property originally owned by Rau Salunkhe, who had two sons, Bapu and Bajrang. The respondent No.1, Sun...

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 ...

High Court

Bombay High Court Allows Writ Petition in CPC Counter-Claim Procedure — Plaintiff Must File Written Statement to Counter-Claim Within 30 Days Under Order VIII Rule 1 CPC. Order VIII Rule 1 CPC Applies to Plaintiff's Written Statement to Counter-Claim Under Order VIII Rule 6A CPC, and Non-Compliance Can Lead to Striking Off Defence.

14 Jun 2011

The petitioner, Shriram EPC Ltd., was the original plaintiff in a suit for specific performance and alternative money decree. The respondent, Maharash...

High Court

Bombay High Court Allows Wife to File Counterclaim for Restitution of Conjugal Rights and Reliefs Under Domestic Violence Act in Pending Divorce Proceeding — Limitation Under Order VIII Rule 6A CPC Not Applicable to Counterclaim Under Section 23A of Hindu Marriage Act, 1955

29 Jan 2019

The petitioner, Ruchi Gour, wife of Bhanupratapsingh Gour, filed a writ petition challenging an order dated 27-07-2016 passed by the Family Court, Nag...

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