Search Results for "Civil Procedure Code, 1908"

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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 "Civil Procedure Code, 1908"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit for Recovery of Money. Order 6 Rule 2(3) CPC does not require dates and sums in figures and words in plaint, and Order 37 Rule 2 CPC does not mandate separate verification.

19 Apr 2023

The present Civil Revision Application was filed by the applicants (original defendants) against the order dated 07/11/2022 passed by the 14th Joint C...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

11 Mar 2020

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

High Court

High Court of Karnataka Dismisses Revision Petition Against Rejection of Plaint Rejection Application in Trust Property Suit. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

26 Feb 2018

The petitioner, a defendant in a suit filed by the first respondent (a public trust), challenged the order dated 12.03.2015 passed by the II Additiona...

High Court

High Court of Judicature at Bombay Hears Revision Against Trial Court’s Rejection of Application Under Order VII Rule 11 CPC Arising Out of Suit Challenging Municipal Demolition Notices. Suit Raises Question on Applicability of Bar of Civil Court Jurisdiction Under Section 433A of Maharashtra Municipal Corporations Act, 1949.

21 Nov 2025

The dispute arose from a civil suit filed by a tenant occupying a shop structure in Nashik. The plaintiff claimed that the private defendants, who pur...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

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 Strikes Down Gender-Discriminatory Amendment to CPC Service Rule. Bombay Amendment to Order V Rule 15 CPC Held Ultra Vires and Unconstitutional for Restricting Service to Adult Male Members Only.

16 Sep 2011

The case arose from a Letters Patent Appeal where the appellant sought to serve notice on respondent no.5. The bailiff returned the notice unserved be...

High Court

High Court of Karnataka Allows Refund of Court Fee Upon Withdrawal of Suit Under Order XXIII Rule 1(3) CPC — Petitioner Entitled to Refund of Court Fee Deposited at Time of Filing. The court held that the proviso to Order XXIII Rule 1(3) CPC mandates refund of court fee when a suit is withdrawn unconditionally, and the trial court's rejection of the refund application was erroneous.

19 Aug 2025

The petitioner, Bindu Balakrishna Patali, filed a suit (Com. O.S. 150/2024) before the LXXXIX Additional City Civil and Sessions Judge, Commercial Cou...

High Court

Bombay High Court Holds It Lacks Jurisdiction to Decide Amendment Application in Suit Slated for Transfer Due to Loss of Pecuniary Jurisdiction. The Court cannot retain jurisdiction to decide an amendment application seeking to increase suit valuation after the Bombay City Civil Court (Amendment) Act, 2023 came into force, as the suit already falls within the enhanced pecuniary jurisdiction of the City Civil Court.

23 Feb 2024

The Bombay High Court was tasked with deciding whether it retains jurisdiction to entertain an application for amendment of plaint seeking to increase...

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