Search Results for "Section 115 CPC"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "Section 115 CPC"

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Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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 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....

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

Bombay High Court Allows Transfer of Patent Suit to High Court Under Section 104 of Patents Act, 1970 — Counterclaim for Revocation Mandates Transfer. The court held that upon filing a counterclaim for revocation of a patent, the suit must be transferred to the High Court, and the trial court cannot insist on payment of court fees before taking the counterclaim on record.

6 Jun 2011

The applicant, SERGI Transformers Explosion Prevention Technologies Private Limited, challenged the orders of the learned District Judge, Thane dated ...

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...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Rejects Plaint for Non-Disclosure of Cause of Action and Barred by Limitation. Order VII Rule 11(a) and (d) CPC applied to plaint seeking declaration of title and possession based on unregistered sale deed and unproven will.

23 Jul 2021

The petitioner, Sri P.R. Chenna Reddy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the o...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

High Court

Bombay High Court Restores Summary Suits Dismissed for Want of Prosecution, Imposing Costs for Non-Compliance with Directions. Non-Resident Indian Plaintiffs' Explanation of Travel Commitments Accepted as Sufficient Cause for Restoration.

3 Dec 2014

The plaintiffs, Nakul Arun Jagjivan and Nayan Arun Jagjivan, filed summary suits against Ram V. Tyagrajan and another defendant, claiming recovery of ...

High Court

High Court of Karnataka Dismisses KSRTC's Revision Against Execution of Foreign Decree — Foreign Judgment Not Challenged on Merits, Execution Proceeding Valid Under Section 13 CPC. The court held that a foreign decree is conclusive unless set aside by the foreign court, and objections to its validity cannot be raised in execution proceedings.

14 Jul 2023

The Karnataka State Road Transport Corporation (KSRTC) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) ch...

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