Search Results for "Article 227 CPC"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Article 227 CPC"

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Supreme Court

Supreme Court Allows Appeal in Maintenance Execution Case Due to High Court's Erroneous Dismissal of Writ Petition. The Court held that expeditious disposal of execution proceedings is essential to enforce maintenance orders and protect the interests of minor children under the Hindu Marriage Act, 1955, and Article 227 of the Constitution of India.

8 Apr 2026

The dispute arose between a husband and wife embroiled in acrimonious litigation spanning nearly a decade, with two minor sons as affected parties. Th...

High Court

Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

3 Mar 2026

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

Supreme Court

Supreme Court Refers Key Questions on MSMED Act to Larger Bench. Balancing statutory remedies with writ jurisdiction: Supreme Court deliberates over MSMED Act provisions and alternative remedies.

22 Jan 2025

The Supreme Court of India examines whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by the Micro...

High Court

High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

9 Aug 2024

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that mere denial of service without evidence is insufficient to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908.

22 Mar 2024

The petitioners, legal representatives of the original defendant Kadappa, filed a writ petition under Article 227 of the Constitution of India challen...

High Court

High Court of Karnataka Dismisses Writ Petition of Guarantor Challenging Dismissal of Application to Set Aside Sale Under Order XXI Rule 90 CPC. Guarantor Failed to Prove Material Irregularity or Fraud Causing Substantial Injury in Execution Sale.

10 Dec 2019

The petitioner, Smt. K. Gayathri Mallya, was the judgment debtor No.2 and a guarantor for a loan obtained by respondent No.4 (judgment debtor No.1) fr...

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition Challenging Execution Court's Order in Specific Performance Suit — Direction to Get Property Measured and Produce Sketch with New Survey Number Upheld. Execution Court's Order Under Section 47 CPC Is Procedural and Not Subject to Interference Under Article 227.

1 Feb 2019

The petitioner, who was the plaintiff in O.S. No.84/2002 on the file of the Civil Judge (Jr.Dn.), Chintamani, filed a suit for specific performance of...

High Court

High Court of Karnataka Allows Petition Challenging Stamp Duty on Arbitrator's Interim Order. The court held that an order under Section 17 of the Arbitration and Conciliation Act, 1996 is not an 'award' under Article 11 of the Karnataka Stamp Act, 1957, and thus no stamp duty is payable.

2 Jan 2019

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order Refusing to Reopen Evidence in Partition Suit. Court holds that Order 18 Rule 17 CPC cannot be used to fill gaps in evidence or to re-examine witnesses on matters already covered, and that the trial court's discretion in refusing to reopen evidence was not perverse or arbitrary.

19 Nov 2015

The petitioners, who are plaintiffs in a partition suit (O.S. No. 100/2007) pending before the Principal Civil Judge, Bangalore Rural District, filed ...

High Court

Bombay High Court Allows Transfer of Suit for Pecuniary Jurisdiction - Claims in Suit and Counterclaim Must Be Aggregated to Determine Court's Pecuniary Jurisdiction Under Section 6 of the Bombay Civil Courts Act, 1869. The court held that the aggregate value of the suit claim and counterclaim determines the pecuniary jurisdiction, and since it exceeded the limit of the Junior Division, the suit must be transferred to the Senior Division.

15 Oct 2010

The petitioner, Dilip Khasbage, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 15/2/2010 pas...

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