Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. The court upheld concurrent findings that the plaintiff failed to prove the agreement and the suit was time-barred under Article 54 of the Limitation Act, 1963.

The appellant, Manohar Pamandas Jani, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decre...

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Supreme Court Acquits Accused in TADA Case Due to Involuntary Confession and Lack of Corroboration. Confession recorded under Section 15 of TADA Act found not voluntary as guidelines in Kartar Singh were not followed, and confession of co-accused not admissible without joint trial.

The appellant, Raja @ Ayyappan, was convicted by the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for ...

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High Court of Karnataka Allows Condonation of Delay in Filing Regular First Appeals — Sufficient Cause Shown for Delay of 100 Days. Appellant's Bonafide Belief That Husband Was Taking Steps to File Appeal Constitutes Sufficient Cause Under Section 151 CPC.

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

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High Court of Karnataka Disposes of Appeals Against Interim Injunction in Temple Pooja Rights Dispute. Appeals under Section 104 read with Order XLIII Rule 1(r) CPC challenge trial court's order restraining interference with hereditary archakas' rights at Shree Mahabaleshwara Temple.

The miscellaneous first appeals arose from a common order dated 2020-02-19 passed in Original Suit No. 2 of 2016 by the Principal District and Session...

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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...