Search Results for "Civil Procedure Code, 1908"

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Supreme Court Upholds Puisne Mortgagee's Right to Sue Separately When First Mortgagee Paid Off Before Sale. Court Reduces Interest from Contractual 12% to 6% Simple Under Order 34 Rule 11 CPC, Emphasizing Discretion to Grant Reasonable Rate.

The dispute concerned a mortgagor's liability to a puisne mortgagee after the prior mortgage was satisfied without sale. The mortgagor had executed th...

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Supreme Court Allows Appeals in Election Petition Case for Non-Disclosure of Cause of Action. Allegations of Corrupt Practice Struck Out for Vagueness and Lack of Material Facts Under Section 83 of Representation of the People Act, 1951.

The case arises from an Election Petition filed by the first respondent under Section 81 of the Representation of the People Act, 1951, challenging th...

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Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...

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Bombay High Court Allows Court Receiver's Report and Additional Report in Land Dispute — Directs Demarcation and Removal of Encroachments. Court upholds Receiver's authority to manage suit property and take steps to protect it from unauthorized development.

The case pertains to a long-standing dispute over land survey No.34/1 and 35/3 at Panchpakhadi, Thane. The appellants had challenged a trial court ord...

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High Court of Karnataka Allows Condonation of Delay in Filing Regular First Appeals — Appellant Permitted to Prosecute Appeals Against Decree in Suit for Specific Performance. Delay of 3 Days Condoned as Sufficient Cause Shown Under Section 151 CPC.

The appellant, Smt. Lalitha Kothari, filed three miscellaneous civil applications under Section 151 of the Code of Civil Procedure, 1908, seeking perm...

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High Court Hears Petition Under Section 34 of Arbitration Act Challenging Arbitral Award for Alleged Procedural Irregularities. Award Directed Petitioner Company to Pay Net Amount After Allowing Counter Claim, Raising Issues of Service of Counter Claim and Natural Justice.

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging in part an Arbitral Award dated 23rd Novemb...

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Supreme Court Allows Appeal in Damages Suit Under Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Civil Court Jurisdiction Not Impliedly Barred. Section 7(4) of the Act Recognizes Concurrent Civil Remedy, Hence Suit for Damages Maintainable.

The appeal arises from a judgment of the Madurai Bench of the Madras High Court which set aside a decree for damages in favor of the appellant, M. Har...