Search Results for "Civil Procedure Code, 1908"

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High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal.

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, ...

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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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Bombay High Court Dismisses Suit as Barred by Limitation in Property Dispute Over Incomplete Building. Plaintiff's claim for declaration of ownership and injunction held time-barred under Article 58 of Limitation Act, 1963 as cause of action arose in 1969 when assignment deed was executed.

The plaintiff, M/s. Foreshore Co-operative Housing Society Ltd., filed a suit in 1999 seeking a declaration that it is the owner of the entire suit la...

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Bombay High Court Examines Executability of Civil Court Decree in Light of Purchase Certificates Issued Under Bombay Tenancy and Agricultural Lands Act. Decree for Joint Possession Challenged by Judgment-Debtors Claiming Ownership Under Section 32M of the Tenancy Act, Rendering Decree Inexecutable.

The Bombay High Court entertained a writ petition arising from the order dated 28.7.1986 of the Civil Judge, Junior Division, Islampur, rejecting an a...

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High Court of Karnataka Quashes Sub-Registrar's Endorsement Rejecting Sale Certificate as Time-Barred Under Section 89 of Registration Act, 1908. Petitioner Purchased Property in SARFAESI Auction, Bank Forwarded Certificate Late but Court Held No Limitation for Registration Under Section 89(4).

The petitioner, M/s. MGM Pooja Buildtech Private Limited, purchased a property (Plot No.108, Metagali, K.R.S. Road, Mysore, measuring 4,056 sq. meters...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application for Dismissal of Proceedings Under Bombay Regulation VIII of 1827. Successive Applications for Legal Heirship Certificate Are Maintainable as Proceedings Under the Regulation Are Summary in Nature and Not Barred by Res Judicata.

The petitioners, Parvatabai and Suresh More, filed a writ petition challenging an order dated 18/06/2018 passed by the 11th Joint Civil Judge Senior D...

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Article 227 Cannot Override Order VII Rule 11 CPC | Supreme Court Restores Plaint Wrongly Struck Off by High Court (2026 INSC 121)

The Supreme Court held that the High Court erred in striking off the plaint under Article 227 of the Constitution when a specific remedy under Order V...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Partly Performed; Purchaser's Failure to Pay Balance Consideration and Objection to Private Survey Not Valid Grounds to Deny Decree.

The respondent (original plaintiff) and his five sisters were co-owners of agricultural land bearing Gat No.122 admeasuring 27 Ares at Village Marnewa...