Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

Supreme Court

Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

1 Sep 2022

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

Supreme Court

Supreme Court Reverses High Court Judgment on Municipal Corporation's Disciplinary Authority Over State-Appointed Officer. Municipal Corporation Held Competent to Suspend Additional Municipal Commissioner Under Section 56 of Maharashtra Municipal Corporations Act, 1949, Despite Appointment by State Government Under Section 39A.

31 Mar 2022

The Supreme Court considered appeals challenging the Bombay High Court's judgment that quashed the suspension and departmental inquiry against an Addi...

Supreme Court

Supreme Court Dismisses Appeals in Waqf Management Dispute, Upholding High Court's Revisional Order. The Court affirmed that a local unit of a registered society lacks legal standing to sue under the Societies Registration Acts unless authorized by byelaws, and revisional jurisdiction under Section 83(9) proviso of the Waqf Act, 1995, though narrower, permits correction of fundamental legal errors.

30 Mar 2022

The dispute arose from cross-suits between the Salafi Juma Masjid Mahal Committee and Salafi Trust over the management and administration of a mosque ...

Supreme Court

Supreme Court Allows Contractor's Appeal in Money Recovery Suit, Restoring Claims for Security Deposit, Overheads, and Loss of Profit. The Court Held That Abandonment of Work Was Not Established Under Contract Law, as Respondents Failed to Invoke Rescission Clause and Contractor's Actions Were Due to Delays and Modifications by Respondents.

30 Mar 2022

The dispute involved a contractor who filed a suit for recovery of money against government respondents after a tender for a water supply scheme. The ...

Supreme Court

Supreme Court Allows Recovery of Excess Payments from In-Service Nursing Trainees Under Restitution Principle. Recovery Permitted as Payments Were Made Pursuant to Court Order Later Set Aside, Distinguishing Mistaken Payment Guidelines Under Rafiq Masih Case for Class III and IV Employees.

29 Mar 2022

The dispute originated from in-service employees of the Rajasthan Medical & Health Subordinate Service, working as ANMs, Lab Technicians, and similar ...

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 ...

Supreme Court

Supreme Court Allows Civil Suit and Sets Aside High Court Order Rejecting Plaint Under Order 7 Rule 11 CPC. The Court Held That Defendants Cannot Take Contradictory Stands on Jurisdiction Under the Doctrine of Approbate and Reprobate, Preventing the Plaintiff from Being Left Remediless Under Section 257 of the M.P. Land Revenue Code, 1959.

23 Mar 2022

The dispute originated when the plaintiff filed proceedings before the Revenue Authority under Section 250 of the M.P. Land Revenue Code, 1959. The de...

Supreme Court

Supreme Court Dismisses Builder's Appeal in Consumer Dispute Over Sale Agreement Execution. The court upheld the National Commission's order directing execution of deeds of conveyance, finding the complaints were within limitation under Section 24A of the Consumer Protection Act, 1986, and the purchasers were entitled to relief despite builder's claims of multiple agreements.

23 Mar 2022

The dispute arose from consumer complaints filed by purchasers against a builder for non-execution of deeds of conveyance despite receiving substantia...

Supreme Court

Supreme Court Quashes High Court's Review Order in Service Dispute Due to Lack of Reasoning. Review Jurisdiction Requires Speaking Order Demonstrating Error Apparent on Face of Record Under Order 47 of Code of Civil Procedure, 1908.

22 Mar 2022

The dispute originated from a writ petition filed by an employee challenging his superannuation order and seeking continuation in service until age 62...

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