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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "CPC applicability"

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Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Compromise Decree Validity — Oral Statements Not Sufficient to Transfer Ownership Under Order XXIII Rule 3 CPC. Sale Deed Executed During Pendency of Appeal Remains Valid and Not Affected by Subsequent Dismissal of Suit.

15 Jul 2024

The case involves a property dispute arising from two rounds of litigation. In the first round, Mansha Ram and others (plaintiffs) filed a suit for de...

High Court

Bombay High Court Allows Interim Application in Suit for Declaration and Injunction — Dispute Over Ownership of Flat and Alleged Forged Power of Attorney. Court Restrains Respondent No.1 from Creating Third-Party Rights Over Flat Pending Trial, Holding That Prima Facie Case and Balance of Convenience Favor Applicant.

30 Nov -0001

The applicant, Santsaran Gursaran Advani Alias Papan Advani, filed a suit seeking declaration of ownership and permanent injunction against the respon...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

24 May 2023

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Upholds Trial Court's Refusal to Reopen Evidence. Court holds that the trial court did not err in rejecting application under Order 18 Rule 17 CPC for recalling witnesses, as the petitioners failed to demonstrate that the evidence sought to be adduced was not within their knowledge earlier.

14 Sep 2020

The case arises from a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners (defendants in th...

High Court

Bombay High Court Allows Landlord to Sue Unknown Heirs in Eviction Proceedings — Procedure for Service by Substituted Service and Appointment of Administrator General. The court held that a landlord may file an eviction suit against 'heirs and legal representatives, if any' of a deceased tenant when their names and addresses are unknown, and the court may direct substituted service and appoint the Administrator General to represent the estate.

11 Apr 2018

The Bombay High Court addressed a procedural dilemma faced by landlords in Mumbai when a tenant dies and the landlord is unable to identify or locate ...

High Court

Madras High Court Admits Second Appeal in Partition Suit on Questions of Non-Joinder and Inheritance Under Hindu Succession Act. The First Appellate Court’s Reversal of Trial Court’s Dismissal Is Challenged on Grounds That Impleading Omitted Party in Appeal May Not Cure Non-Joinder and That Inherited Property by Sole Son Becomes Absolute, Disentitling Daughters from Partition.

1 Jul 2026

The dispute arose from a suit for partition filed by two daughters against their father and two purchasers, claiming a 2/3 share in the suit property....

High Court

High Court of Karnataka Examines Correctness of Order Directing Impleadment of Legal Heirs After Death of Partner in Two-Partner Firm. Court considers whether suit for recovery can continue without substituting legal representatives of deceased partner in light of automatic dissolution rule under Indian Partnership Act, 1932.

30 Jul 2026

Background: The matter arose out of a commercial suit filed by M/s Shiva Steel Supplies, a partnership firm, against M/s New Praveen Trailers, also a ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — One Time Settlement Not Binding as Bank Did Not Accept Offer. Court Held That Mere Submission of OTS Proposal Does Not Create Binding Contract; Bank's Rejection Valid.

8 Jul 2024

The petitioners, borrowers of the respondent bank, challenged the order dated 22.09.2022 passed by the Debt Recovery Tribunal-I, Bangalore in Diary No...

High Court

High Court Upholds Rent Control Act, Denying Britannia’s Claim for Market Rent

8 Aug 2024

The fixation of standard rent for an upscale apartment in Mumbai, which was rented to Maya Sunil Alagh, the wife of Britannia's former Managing Direct...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in the arbitrator's findings.

7 Feb 2024

The petitioner, Rajuram Sawaji Purohit, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set a...

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