Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Allows Management's Application in Land Sale Dispute by Invoking Principle of Restitution to Correct Erroneous Disbursement. Court Held That Funds Diverted to Parties Without Adjudication of Claims Must Be Returned to Protect Stakeholder Interests Under Inherent Jurisdiction and Section 144 of Code of Civil Procedure, 1908.

23 Mar 2023

The Supreme Court considered an application (I.A. No. 88960 of 2020) filed by the management of Unitech Limited seeking various directions related to ...

Supreme Court

Supreme Court Quashes NGT Orders in Environmental Protection Case Due to Overreliance on Unverified Maps and Disregard for Civil Court Decree. Finality of Judgment Under Code of Civil Procedure, 1908 Prevails Over NGT's Directions Based on Revenue Trace Map, Upholding Approved Development Plan and Prior Litigation Outcomes.

22 Mar 2023

The dispute originated from an application filed by Dinesh Joshi before the National Green Tribunal (NGT), seeking protection of Teliya Talab, a man-m...

Supreme Court

Supreme Court Reopens Death Penalty Review Petition for Open Court Hearing Following Constitutional Bench Precedent. The Court recalled an earlier dismissal by circulation and ordered an open court hearing based on Mohd. Arif v Registrar, Supreme Court of India, 2014 (9) SCC 737, which mandates oral hearings in death penalty review cases due to the irreversible nature of the penalty.

21 Mar 2023

The judgment involves a convict on death row who filed a review petition seeking a fresh look at his conviction for murder and death sentence, based o...

Supreme Court

Supreme Court Allows Review Applications in Land Acquisition Cases Based on Overruled Precedent. Court held review maintainable under Article 137 of Constitution of India as subsequent Constitution Bench decision in Indore Development Authority overruled earlier Pune Municipal Corporation decision, altering law and providing sufficient reason for review, with matters restored for fresh consideration on merits.

17 Mar 2023

The Supreme Court dealt with a group of review applications filed by the Government of NCT of Delhi and Delhi Development Authority under Article 137 ...

Supreme Court

Supreme Court Allows Appeal in Land Tenure Dispute, Reversing High Court on Urbanization Effect. The Court held that the Delhi Land Reforms Act, 1954, continues to govern land rights even after a notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, urbanizes the area, as the Land Reforms Act is a special law and its provisions are not automatically extinguished.

14 Mar 2023

The appeal arose from a judgment of the Division Bench of the High Court of Delhi dated November 22, 2012, which held that upon issuance of a notifica...

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 Allows Appeals in Resolution Plan Approval Case, Overturning High Court's Dismissal. High Court Erred in Not Exercising Inherent Powers Under Section 151 CPC to Approve Plan Beneficial to Small Debenture Holders, Leading Supreme Court to Use Article 142 Powers for Approval.

3 Mar 2023

The Supreme Court of India heard appeals challenging the Bombay High Court's order dated 16 December 2022, which dismissed an interim application file...

Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

Supreme Court

Supreme Court Sets Aside High Court's Remand Order in Civil Suit for Cancellation of Sale Deed - Directs Trial Court to Decide Based on Existing Evidence. The Court held that remand for de novo trial was unjustified as the Trial Court had already recorded evidence and decided on merits under Section 103 of the Indian Evidence Act, 1872, with no exceptional circumstances present.

27 Feb 2023

The appeal arose from a common judgment of the High Court of Kerala dated 28.06.2019, which disposed of four appeals related to civil suits between si...

Supreme Court

Supreme Court Allows State's Appeal in Land Acquisition Suit, Restores Dismissal on Limitation Grounds. Suit for Declaration and Compensation Barred by Limitation Under Articles 58 and 72 of Limitation Act, 1963 as Cause of Action Arose in 1987 and Suit Filed in 2003.

24 Feb 2023

The dispute involved a suit filed by the plaintiff against the State of Himachal Pradesh and others seeking declaration, mandatory injunction, and com...

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