Search Results for "notice under 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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "notice under CPC"

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Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Madras High Court Allows Revision Against Rejection of Plaint in Government Suit for Declaration of Nullity of Decree — Trial Court's Order Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that a suit challenging a decree as null and void on grounds of fraud or inherent lack of jurisdiction is maintainable and not barred by res judicata.

23 Jan 2026

The Government of Tamil Nadu, represented by the District Collector and other revenue officials, filed a civil suit (unnumbered O.S.SR.No.448 of 2022)...

High Court

High Court of Karnataka Quashes Trial Court Order Rejecting IA for Production of Documents in Commercial Suit — Failure to Consider Mandatory Provisions of Order 11 Rule 1 CPC and Section 15 of Commercial Courts Act, 2015. The court directed fresh consideration of the application for production of documents in accordance with law.

3 Sep 2025

The petitioner, IFFCO TOKIO General Insurance Company Limited, the defendant in a commercial suit, filed a writ petition under Article 227 of the Cons...

High Court

Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature.

14 Jan 2020

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral ju...

High Court

Karnataka High Court Hears Regular First Appeal by Plaintiffs Seeking Declaration of Title by Adverse Possession and Oral Gift; Trial Court Had Partly Decreed Suit Granting Injunction but Denying Declaration. The Appeal Raises the Issue Whether Trial Court Erred in Rejecting the Claim of Adverse Possession Despite Long Possession.

23 Dec 2020

The dispute concerned a suit property bearing Sy.No.152/5 measuring 1 acre 4 guntas at Bilekahalli village, Bangalore. The plaintiffs, legal heirs of ...

High Court

High Court of Karnataka Allows Appeals by Cooperative Society Against Rejection of Plaints in Suits for Permanent Injunction — Dispute Over Title to Property Requires Full Trial, Not Summary Rejection Under Order 7 Rule 11 CPC.

22 Sep 2023

The appellant, Dattaprasad Cooperative Society Ltd., filed four Regular First Appeals against the judgment and decree dated 27.02.2006 passed by the V...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Allows Appeal by Insolvency and Bankruptcy Board of India in Jurisdictional Dispute Over Trial of IBC Offences. Held that Reference to Special Court under Chapter XXVIII of Companies Act, 2013 in Section 236(1) IBC is Legislation by Incorporation, Not Affected by Subsequent Amendment.

29 Apr 2024

The appeal arises from a challenge by the Insolvency and Bankruptcy Board of India (IBBI) against the judgment of the Bombay High Court quashing the o...

High Court

Bombay High Court Quashes Corrigendum Reducing Compensation under National Highways Act, 1956. Competent Authority Lacks Power to Review Award; Section 33 of Right to Fair Compensation Act Not Applicable Absent Notification Under Section 105(3).

20 Dec 2019

This writ petition under Article 226 of the Constitution challenged a corrigendum issued by the Competent Authority under the National Highways Act, 1...

High Court

Karnataka High Court Quashes Trial Court Order Impounding Agreement of Sale Already Admitted in Evidence; Holds That Once Document Admitted Without Objection, Its Admissibility Cannot Be Challenged Under Karnataka Stamp Act, 1957. The District Court's Revision Under Section 58 Was Maintainable Only by Court or Deputy Commissioner, Not by Private Party.

15 Dec 2022

The writ petition was filed under Articles 226 and 227 of the Constitution of India challenging an order of the Trial Court directing impounding of an...

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