Search Results for "CPC Section 100"

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Search Results for "CPC Section 100"

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Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

High Court of Judicature at Bombay Dismisses Application Seeking Dismissal of Election Petition in Representation of People Act, 1951 Case Due to Disclosure of Cause of Action. Allegations of Non-Disclosure of Criminal Cases and Assets Under Section 33A and Rule 4A Require Trial on Merits as Petition Pleads Statutory Grounds Under Sections 100 and 123(2).

24 Mar 2026

The High Court of Judicature at Bombay heard an application under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, seeking dismissal...

High Court

High Court Disposes Writ Petition Under Article 227 of Constitution of India, Directs Trial Court to Reconsider Compromise Decree in Ancestral Property Dispute Involving Fraud Allegations

14 Jan 2026

The petitioners filed a writ petition under Article 227 of Constitution of India to quash a compromise decree in OS No. 123/2025, alleging it was frau...

Supreme Court

Supreme Court Allows Appeal in Family Property Dispute — High Court Exceeded Revisional Jurisdiction by Decreeing Suit Based on Admission Without Trial. Order under Order 12 Rule 6 CPC set aside as admission must be clear, unambiguous, and not require interpretation.

1 Jan 2026

The present appeal arises from a family dispute over the sale proceeds of ancestral agricultural land. The respondent No.1 (plaintiff) filed a suit fo...

High Court

High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

8 Jul 2025

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

Supreme Court

Supreme Court Allows State Appeal Against Review of Concurrent Findings in Forest Land Dispute Under Andhra Pradesh Forest Act, 1967. High Court Exceeded Review Jurisdiction by Re-appreciating Evidence and Setting Aside Concurrent Findings of Fact.

22 Apr 2024

The Supreme Court allowed the appeal filed by the State of Telangana against the judgment of the High Court of Judicature at Hyderabad, which had revi...

High Court

Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

27 Apr 2020

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

High Court

High Court of Karnataka Quashes Order Rejecting Application Under Section 151 CPC for Reopening of Evidence — Trial Court Failed to Exercise Jurisdiction Under Article 227. The court held that inherent powers under Section 151 CPC can be invoked to reopen evidence to secure ends of justice, and the trial court's refusal to allow the plaintiff to be examined in person was a failure to exercise jurisdiction.

31 Oct 2017

The petitioner, Smt. Jabeena Hussaini, represented by her power of attorney holder, filed a writ petition under Article 227 of the Constitution of Ind...

High Court

High Court of Karnataka Dismisses Appellant's Second Appeal in Partition Suit — No Substantial Question of Law. Concurrent findings of fact regarding joint family property and limitation upheld under Section 100 CPC.

29 Jun 2016

The appellant, Smt. Neelavva, was the plaintiff in a suit for partition and separate possession of agricultural land and house properties. She claimed...

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