Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Sets Aside High Court Order in Election Petition Due to Delay in Reasoned Judgment. High Court's Oral Pronouncement Without Reasons Violates Principles of Natural Justice and Statutory Requirement for Expeditious Proceedings Under Section 86(7) of Representation of the People Act, 1951.

26 Sep 2022

The Supreme Court addressed an appeal arising from proceedings in an election petition filed before the High Court for Telangana at Hyderabad. The app...

Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

Supreme Court

Supreme Court Allows State's Appeal in Forest Land Dispute Due to Denial of Adequate Opportunity and Procedural Errors. The Court set aside lower court judgments and remanded the matter for fresh trial, emphasizing the need to admit additional survey evidence and consider resurvey renumbering under the Forest Regulation and Code of Civil Procedure, 1908.

20 Sep 2022

The dispute centered on land in village Chikkasanne within Bhuvanahalli State Forest area. The State of Karnataka appealed against the High Court's di...

Supreme Court

Supreme Court Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

Supreme Court

Supreme Court Allows Plaintiffs' Appeal Against Impleadment of Subsequent Purchasers as Defendants in Civil Suit - Sets Aside High Court and Trial Court Orders. Court Held That Plaintiffs Are Dominus Litis and Cannot Be Compelled to Implead Defendants Against Their Wish Under Order 1 Rule 10 CPC, Though Non-Impleadment Is at Plaintiffs' Risk Regarding Counter-Claim.

16 Sep 2022

The Supreme Court heard a civil appeal arising from a property dispute where the appellants (original plaintiffs) had filed Civil Suit No. 298/2011 fo...

Supreme Court

Supreme Court Reverses High Court Decree for Specific Performance in Property Sale Agreement Dispute. The Court held that specific performance cannot be granted for contracts dependent on third-party actions and that the High Court erred in not properly framing substantial questions of law under Section 100 of the Code of Civil Procedure, 1908.

13 Sep 2022

The dispute arose from a suit for specific performance of an agreement of sale dated 19.06.1993 concerning immovable property. The respondent-plaintif...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

Supreme Court

Supreme Court Allows Transfer Petition in Matrimonial Dispute for Convenience of Wife. Transfer Granted from Thane, Maharashtra to Gaya, Bihar Under Code of Civil Procedure, 1908 with Direction for Mediation.

5 Sep 2022

The dispute arose from a matrimonial case where the petitioner-wife filed a transfer petition in the Supreme Court seeking to move a marriage petition...

Supreme Court

Supreme Court Dismisses Transfer Petition in Matrimonial Proceedings Due to Insufficient Grounds. Wife's Request to Transfer Case from Uttar Pradesh to Delhi Family Court Rejected After Examination of Facts and Circumstances Under Section 25 of Code of Civil Procedure, 1908.

5 Sep 2022

The Supreme Court of India was approached through a transfer petition filed by the petitioner-wife seeking to transfer matrimonial proceedings initiat...

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