Search Results for "CPC amendment 1976"

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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 "CPC amendment 1976"

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High Court

Bombay High Court Allows Plaintiff to Abandon Part of Claim in Suit for Salary and Declaration, Holding Right Under Order XXIII Rule 1(1) CPC Is Unfettered Even at Appellate Stage. The court held that the plaintiff's unconditional right to abandon a part of claim under Order XXIII Rule 1(1) CPC cannot be resisted by the defendant, and the District Judge erred in rejecting the application on grounds of prejudice.

18 Mar 2025

The petitioner, Pandurang Rajaram Inamdar, was employed as Senior Vice President – Banking with the respondent, Accelya Solution India Private Ltd. ...

High Court

Bombay High Court Allows Filing of Written Statement to Counterclaim Beyond 90 Days — Condonation of Delay Granted Due to Court Vacations and Lack of Objection. Order 8 Rule 6A CPC does not prescribe a specific period for filing written statement to counterclaim; the period of 90 days under Order 8 Rule 1 CPC is directory and not mandatory.

2 Jul 2010

The petitioners, who are the plaintiffs in Regular Civil Suit No.177/2007/A, challenged the order dated 20-8-2009 of the learned Civil Judge, Senior D...

High Court

Karnataka High Court Full Bench Hears Writ Appeals Filed by Registrar General Against Multiple Judicial Officers. The appeals, all service-related, involve a dispute concerning the seniority or conditions of service of judicial officers across various positions.

1 Apr 2026

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High Court

Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

10 Jun 2013

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

High Court

Karnataka High Court Dismisses Appeal in Municipal Corporation Election Petition Case — Affidavit Permitted as Examination-in-Chief. The court held that Order XVIII Rule 4 of CPC applies to election petitions under the Karnataka Municipal Corporations Act, 1976, allowing examination-in-chief by affidavit.

16 Dec 2014

The appellant, Shivappa Fakirappa Badavannavar, filed a writ appeal against an order dated 20.10.2014 passed by a learned Single Judge in W.P.No.10291...

Supreme Court

Supreme Court Adjudicates Appeal Against High Court's Order Setting Aside Arbitral Award Under Section 37 of Arbitration and Conciliation Act, 1996. Dispute Involves Interpretation of Contractual Notice Requirement as Condition Precedent and Applicability of Waiver and Estoppel in EPC Contract.

1 Jan 1970

The dispute arose from multiple Engineering, Procurement, and Construction (EPC) agreements between SEPCO Electric Power Construction Corporation (con...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

Supreme Court

Supreme Court Allows Waiver of Six-Month Waiting Period Under Section 13B(2) of Hindu Marriage Act in Mutual Consent Divorce Case. Court Holds That Statutory Cooling Period Is Directory and Can Be Waived When Marriage Has Irretrievably Broken Down and Parties Have Been Separated for Over One Year.

13 Dec 2021

The Supreme Court allowed an appeal against the judgment of the Punjab and Haryana High Court which had upheld the Family Court's refusal to waive the...

High Court

Bombay High Court Allows Writ Petition for Possession Under Specific Performance Decree — Executing Court Erred in Rejecting Application for Possession After Sale Deed Execution. The Court held that once a sale deed is executed in execution of a decree for specific performance, the decree-holder is entitled to possession under Order 21 Rule 35 CPC, and the Executing Court cannot go behind the decree.

9 Jul 2014

The petitioner, Ramchandra Guja Rewatkar, filed a writ petition challenging an order of the Executing Court that rejected his application for possessi...

Supreme Court

Supreme Court Allows Appeal Against High Court's Interference with Concurrent Findings of Fact in Partition Suit. The Court held that the presumption under Section 45 of the Transfer of Property Act, 1882, was rebutted by evidence of non-contribution and long silence, and the High Court erred in reversing concurrent findings without perversity.

26 Jul 2019

The Supreme Court allowed the appeal filed by the original defendants against the High Court's order in a second appeal that had reversed concurrent f...

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