Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

16 Mar 2022

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

Supreme Court

Supreme Court Dismisses Review Petition in Civil Appeal Due to Absence of Error Apparent on Record. Review Jurisdiction Limited to Correcting Patent Errors Under Order 47 of Code of Civil Procedure, 1908, Not Satisfied by Grounds Presented.

15 Mar 2022

The Supreme Court considered a review petition challenging its earlier dismissal of a Special Leave Petition. The litigation originated from Special C...

Supreme Court

Supreme Court Dismisses Revision Petition in Arbitration Dispute Under Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 - Reference Not Barred by Limitation as Article 137 of Limitation Act, 1963 Applies and Tribunal Had Power to Extend Period Under Section 18 of the 2008 Act.

15 Mar 2022

The dispute originated from a works contract for drainage work in an industrial area, awarded by the Bihar Industrial Area Development Authority to th...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

Supreme Court

Supreme Court Sets Aside High Court Order Rejecting Plaint Under Order VII Rule 11 CPC in Title Suit. The Court held that the plaint could not be rejected on limitation grounds as it required consideration of entire averments, and the suit for declaration and injunction under Section 53A of the Transfer of Property Act was maintainable for trial.

14 Mar 2022

The appeal arose from a dispute where the original plaintiffs filed a title suit seeking declaration of right, title, and interest in property under S...

Supreme Court

Supreme Court Partly Allows Appeals in Mesne Profits Dispute, Modifying High Court's Reduction. The Court held that the High Court erred in mechanically reducing mesne profits by 50% without considering market rate and property potential, and fixed new rates to meet the ends of justice during stay of execution under the Code of Civil Procedure, 1908.

10 Mar 2022

The dispute arose from four suits filed by the appellant for recovery of possession of portions of a residential house and mesne profits against the r...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Second Appeal and Remands Case for Reconsideration Under Correct Legal Provision. The Court held that the High Court erred by interfering with findings of fact and not applying Section 41 of the Punjab Courts Act, 1918, which governs second appeals in Punjab and Haryana, leading to remand without merits adjudication.

10 Mar 2022

The dispute originated from a suit filed by the plaintiffs (respondent Nos. 1 and 2) seeking declaration of title and prohibitory injunction against t...

Supreme Court

Supreme Court Partly Allows Appeal in Land Acquisition Compensation Case Due to Erroneous Rejection of Additional Evidence Application. High Court's dismissal of application under Order 41 Rule 27 CPC set aside as additional evidence was required to determine fair market value, with matter remanded to Reference Court for proof of documents.

10 Mar 2022

The dispute arose from a land acquisition case where the appellant, an original claimant and land owner, sought enhanced compensation after the Land A...

Supreme Court

Supreme Court Allows Substitution of Legal Representatives in Civil Appeal and Amendment of Judgment. Application for Substitution Granted Under Code of Civil Procedure, 1908, with Cause Title Amended and Advocate Name Replaced in Previous Judgment.

7 Mar 2022

The case involved an application for substitution of legal representatives of a deceased appellant and related amendments. The background pertained to...

Supreme Court

Supreme Court Allows Appeals in Film Rights Licensing Dispute, Reinstating Interim Injunction Granted by Single Judge. The Court Held That the Division Bench Erred in Overturning the Injunction, as the Single Judge Properly Applied Principles of Balance of Convenience and Prima Facie Case Under Order XXXIX of the Code of Civil Procedure, 1908, and Correctly Interpreted the Settlement Deed's Payment Terms.

7 Mar 2022

The Supreme Court heard appeals challenging the Division Bench's reversal of an interim injunction granted by a Single Judge in commercial suits conce...

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