Search Results for "CPC Amendment Act 2002"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "CPC Amendment Act 2002"

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Supreme Court

Supreme Court Allows Auction Purchaser's Appeal in Execution Sale Dispute — High Court Erred in Invalidating Court Auction Without Setting Aside Decree. Court Auction Sale Confirmed Under Order 21 Rule 92 CPC Cannot Be Invalidated Collaterally in Absence of Fraud or Material Irregularity.

25 Nov 2025

The case arises from a civil suit filed by decree holder) against judgment debtor) for recovery of ₹3,75,000 with interest. The suit was decreed ex ...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

Bombay High Court Dismisses Landlord's Challenge to Amendment in Tenancy Declaratory Suit — Allows Impleadment of Legal Heirs and Alternative Plea Under Section 7(15)(d) of Maharashtra Rent Control Act. The Court held that the amendment did not introduce a new case and that the proposed defendants were necessary parties for effective adjudication of tenancy rights.

19 Jun 2024

The present Writ Petition was filed by the landlord (Petitioner No.1 - Club) challenging the order dated 1 August 2019 passed by the Court of Small Ca...

Supreme Court

Supreme Court Allows State's Appeal in Land Title Dispute, Holds Res Judicata Not Applicable to Findings in Dismissed Suits. The State was not required to appeal findings in suits dismissed against it, and such findings do not bar the State from contesting the same issue in a related suit where a decree was passed against it.

9 Aug 2019

The Supreme Court considered appeals against a High Court order that dismissed the State's appeal in a land title dispute on grounds of res judicata. ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

22 Dec 2018

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

High Court

Bombay High Court Holds Letters Patent Appeal Maintainable Against Single Judge's Judgment in Land Acquisition Appeal Despite Section 100-A CPC Amendment. The Court ruled that the amendment to Section 100-A CPC does not apply retrospectively to land acquisition proceedings initiated before 1.7.2002, and the Letters Patent power remains intact.

1 Feb 2018

The appellants, Mohanlal Chandmal Phafat and Manoharlal s/o Chandmal Phafat, owned land in village Adgaon Khurd, Akola. The State of Maharashtra issue...

High Court

Bombay High Court Allows Appeal Against Dismissal of Amendment Application - Article 137 of Limitation Act Does Not Apply to Amendment of Pleadings Under Order 6 Rule 17 CPC. The court held that the right to apply for amendment arises when the need is discovered, not on filing of written statement, and allowed the amendment to avoid multiplicity of proceedings.

27 Feb 2013

The appeal arose from an order of the Learned Single Judge of the Bombay High Court dismissing a Chamber Summons for amendment of the written statemen...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment and Review in Civil Suit — No Jurisdictional Error Found in Orders Under Order VI Rule 17 and Order 47 Rule 1 CPC. The court held that the trial court correctly applied the due diligence requirement for amendment after trial and that review was not warranted as no error apparent on the face of the record was shown.

6 Feb 2013

The petitioners, who were plaintiffs in Civil Suit No. 34/2009 before the Adhoc District Judge I, South Goa, at Margao, filed a writ petition under Ar...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Under Order 6 Rule 17 CPC. The court held that an amendment to amplify an existing plea should be liberally allowed before trial, and the due diligence requirement is not an absolute bar.

19 Oct 2012

The petitioner, Shri Cesar Augusto do Rego Fernandes, filed a writ petition challenging an order of the Civil Judge, Junior Division at Panaji, which ...

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