Search Results for "Civil Procedure Code, 1908"

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Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Dismisses Second Appeal in Lease Subletting Dispute — Subletting Without Consent Validly Terminates Lease Under Section 106 of Transfer of Property Act, 1882. Concurrent findings of fact regarding subletting and breach of lease upheld; no substantial question of law under Section 100 CPC.

14 Aug 2014

The case involves two suits: Regular Civil Suit No.657 of 1991 filed by the appellants (Anil Dhondu Shinde and Kishore Dhondu Shinde) against the orig...

High Court

Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

3 Apr 2006

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

Supreme Court

Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

1 Sep 2022

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

High Court

Bombay High Court Overrules Co-ordinate Bench on Scope of Appeal Under Section 58 RERA, Holding That Appeals Lie Only on Substantial Questions of Law. The Court interpreted Section 58 of the Real Estate (Regulation and Development) Act, 2016 to restrict appeals to the High Court to grounds specified in Section 100 CPC, i.e., substantial questions of law, and not questions of fact.

6 Mar 2023

The case involved two writ petitions filed by Man Global Ltd against Ram Prakash Joukani and Bharat Prakash Joukani, arising from orders of the Real E...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Interim Payment of Fees and Injunction in Arbitration Dispute Over Architectural Services. Court holds that Section 9 of the Arbitration and Conciliation Act, 1996 cannot be used to enforce payment of disputed fees without a final adjudication, and that an injunction against termination or redevelopment would be inequitable.

8 Dec 2022

The petitioners, a partnership firm and its partner engaged in architectural services, filed a petition under Section 9 of the Arbitration and Concili...

High Court

High Court of Gujarat Hears Second Appeal Challenging Partial Decree in Partition Suit — Appellants Argue Suit Barred by Limitation Due to Revenue Entry Mutation in 1983.

20 Mar 2026

The matter arose from a suit filed by daughters of deceased Kachraji Aataji claiming partition of ancestral properties, specifically land bearing surv...

Supreme Court

Supreme Court Considers Appeal by Charitable Society Regarding Leave to Institute Suit Under Section 92 of the Code of Civil Procedure, 1908. The Dispute Involves Whether a Society Registered Under the Societies Registration Act, 1860 Can Be Treated as a Trust and Sought Determination of the Conditions for Granting Leave Following Allegations of Financial Mismanagement and Breach of Trust.

1 Jan 1970

The dispute arose from a suit instituted under Section 92 of the Code of Civil Procedure, 1908 by two plaintiffs, Dr. Shelly Batra and Mrs. Usha Gupta...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

High Court

High Court Dismisses Writ Petition Challenging Election Irregularities in Karnataka Film Chamber of Commerce; Disputed Facts Require Election Petition. Court holds that Section 25 of the Karnataka Societies Registration Act, 1960 does not empower the Registrar to declare elections void, and disputed election fraud allegations are beyond the scope of writ jurisdiction, requiring an election petition.

16 Nov 2022

The dispute centered on elections to the Karnataka Film Chamber of Commerce (KFCC), a society registered under the Karnataka Societies Registration Ac...

High Court

Bombay High Court Dismisses Chamber Summons to Recall Leave Granted Under Clause XII of Letters Patent in Arbitration Matter. Court holds that leave granted ex parte cannot be recalled under inherent powers as it is not a decree or final order, and the proper remedy is to challenge the leave in appeal against the final award.

8 Jan 2013

The petitioners, four individuals, entered into a development agreement on 6 August 2003 with respondent no. 5 as vendors and respondent nos. 1 to 4 a...

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