Search Results for "Civil Procedure Code, 1908"

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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 "Civil Procedure Code, 1908"

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High Court

Bombay High Court Dismisses Acquiring Body's Application for Leave to Appeal in Land Acquisition Compensation Case — Acquiring Body Not a Necessary Party Under Section 18 Reference Proceedings. The court held that the Vidarbha Irrigation Development Corporation, not being a party to the reference under Section 18 of the Land Acquisition Act, 1894, has no locus standi to seek leave to appeal against the award enhancing compensation.

27 Oct 2016

The Vidarbha Irrigation Development Corporation (VIDC) filed two civil applications seeking leave to appeal against awards passed by the reference Cou...

High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

High Court

Bombay High Court Dismisses Appellant's Second Appeal in Easement Right Case — Unregistered Agreement Cannot Create Easement or Transfer Ownership. Creation of right of easement by agreement requires registration under Registration Act, 1908 and does not result in transfer of ownership under Transfer of Property Act, 1882.

18 Jan 2018

The appellant, Pandhari Deogade, filed a second appeal before the Bombay High Court against the concurrent findings of the trial court and first appel...

High Court

Bombay High Court Allows Transfer of Restitution of Conjugal Rights Petition from Kolhapur to Vasai on Grounds of Wife's Medical Condition and Convenience. Wife's autoimmune disease and pending divorce and DV proceedings at Vasai weighed in favour of transfer under Section 24 CPC.

22 Dec 2023

The applicant wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Petition No.167 of 2021 filed by th...

High Court

Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

1 Oct 2014

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

High Court

Bombay High Court Rejects Plaint in Property Suit as Barred by Limitation — Failure to Disclose Cause of Action Within Three Years of Knowledge of Alleged Fraud Leads to Rejection Under Order VII Rule 11(d) CPC. The court held that the plaintiff's knowledge of the alleged fraud in 2015 or earlier triggered the limitation period under Article 58 of the Limitation Act, 1963, and the suit filed in 2021 was beyond the prescribed period.

18 Jul 2022

The plaintiff, Ramesh Mali, filed a suit seeking declaration and injunction in respect of certain properties originally owned by his deceased father, ...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Tenant Suit — Concurrent Findings of Subletting and Unauthorised Construction Upheld. Landlord's Suit for Possession Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Succeeded as Tenant's Legal Heirs Failed to Prove Lawful Succession and Committed Acts of Subletting and Structural Alteration Without Consent.

12 Jul 2019

The case arises from a civil revision application filed by the original defendants (legal heirs of the deceased tenant) against the concurrent judgmen...

Supreme Court

Supreme Court Dismisses Appeals Against High Court Orders Declaring Abatement and Rejecting Substitution in Second Appeal. Non-Substitution of Legal Heir of Co-Appellant Results in Whole Appeal Abating Where Decree is Joint and Indivisible, and Delay Condonation Denied as No Sufficient Cause Shown Under Order XXII CPC and Limitation Act.

1 Jan 1970

The dispute arose from a civil suit for declaration, recovery of possession, and mesne profits regarding a house. The plaintiff claimed exclusive titl...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

High Court

Madras High Court Allows State's Appeal in Contract Dispute Over Canal Excavation Work — Contractor's Claim for Payment for Work Done Partly Allowed. The court held that the contractor is entitled to payment for work actually done and measured, but the quantum must be proved by proper evidence.

20 Apr 2026

The case involves a second appeal filed by the State of Tamil Nadu and the Executive Engineer, P.W.D., Krishna Water Supply Project, against the judgm...

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