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 Examines Condonation of Delay by Karnataka Housing Board under Limitation Act. High Court's Order Condoning 3966-Day Delay in Filing Second Appeal is Scrutinized on Grounds of State Lethargy and Sufficient Cause.

1 Jan 1970

The appeal before the Supreme Court arose from a judgment of the High Court of Karnataka condoning a delay of 3966 days in filing a second appeal by t...

High Court

High Court of Karnataka Adjudicates First Appeal Against Dismissal of Partition Suit as Not Maintainable. The appeal questioned whether a daughter could claim coparcenary rights under the Hindu Succession (Amendment) Act, 2005, when prior partition deeds existed and the devolution of property was governed by succession under Section 8 of the Hindu Succession Act, 1956, rather than by survivorship.

22 Oct 2024

The first appeal arose from the judgment dated 05.07.2016 in O.S.No.6285/2008 passed by the XXXVII Additional City Civil and Sessions Judge, Bengaluru...

Supreme Court

Supreme Court Adjudicates Appeals by Sahara Companies on SEBI's Regulatory Powers Over OFCDs. Case centers on Section 55A(b) Companies Act and compliance with DIP Guidelines for issuance of optionally fully convertible debentures.

1 Aug 2026

The case involved two Sahara Group companies, Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited ...

Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

High Court

High Court of Bombay Dismisses LIC's Revision Against Rejection of Plaint Application in Tenancy Suit — Small Causes Court Has Jurisdiction to Decide Tenancy Despite Premises Being Public Premises Under Public Premises Act. Section 15 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Does Not Bar Civil Suit for Declaration of Tenancy Where Applicability of Act is Disputed.

3 Jul 2026

The present Civil Revision Application was filed by the Life Insurance Corporation of India (LIC), the applicant, challenging the order of the Small C...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Doctrine of Lis Pendens Applied to Protect Plaintiff's Rights Despite Concurrent Findings of Lower Courts. The Court held that an alienation made during the pendency of a suit is void against the decree-holder under Section 52 of the Transfer of Property Act, 1882, and that the First Appellate Court could not record a finding on fraud and collusion without cross-objections by the defendants under Order 41 Rule 22 CPC.

14 Oct 2024

The dispute arose from an agreement to sell dated 17.08.1990 executed by defendant no. 1 (Janraj Singh) in favour of the plaintiff (Daljit Singh) for ...

High Court

Bombay High Court Sets Aside Remand Order in Partition Suit — Directs Trial Court to Decide Issue No. 3 Afresh Without Adding New Property. The court held that the First Appellate Court exceeded its power under Order XLI Rule 23 CPC by directing inclusion of a property voluntarily relinquished by the plaintiff, and the proper remedy was remand under Order XLI Rule 25 CPC.

24 Oct 2024

The appellant, original defendant No. 2, challenged the judgment and decree dated 12.10.2022 passed by the learned District Judge-4, Jalna (First Appe...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

31 Jan 2023

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

High Court

Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

17 Mar 2021

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

2 Dec 2021

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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