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 Chamber Summons Seeking to Set Aside Consent Terms in Arbitration Petition — Consent Terms Recorded by Court Cannot Be Challenged Under Section 34 of Arbitration and Conciliation Act, 1996.

22 Dec 2015

The applicants, original respondent nos.1 to 5, filed Chamber Summons No.905 of 2013 in Letters Patent Petition No.226 of 2013 and Arbitration Petitio...

High Court

High Court of Karnataka Considers Regular Second Appeal Against First Appellate Order Setting Aside Decree for Name and Caste Correction. First Appellate Court Set Aside Trial Court Decree Holding Suit Not Maintainable, and the High Court Examines Jurisdictional Questions.

25 Jun 2026

The litigation arose when a minor plaintiff, through his father as guardian, filed a suit seeking a declaration that his correct name was 'Aarush' and...

High Court

High Court of Bombay at Goa Allows Petitioner to File Written Statement in Commercial Suit Despite Delay — Emphasizes Liberal Approach Under Order VIII Rule 1 CPC and Commercial Courts Act. The court set aside orders of Commercial Court that had precluded the defendant from filing written statement, holding that the Commercial Court erred in mechanically rejecting the application for time without considering the reasons for delay and the lack of prejudice to the plaintiff.

26 Jul 2019

The petitioner, Vedanta Limited, challenged two orders of the Commercial Court at Panaji in Special Civil Suit (Commercial) No.84 of 2017. The first o...

Supreme Court

Supreme Court Allows Tenant's Appeal in Rent Control Vacancy Dispute — Revision Against Vacancy Order Held Maintainable Despite Earlier Writ Dismissal. The Court held that an order notifying vacancy is only a step in the process of allotment and can be challenged along with the final order under Section 18 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

1 Jan 2020

The appeal arises from a rent control dispute concerning House No.61/8, Ground Floor, Green Pasture View, Landhour Bazar, Mussoorie. Rashid Ahmed was ...

High Court

Bombay High Court Dismisses Appeal Against Consent Terms in Trust Dispute — Consent Terms Dictated by Court and Signed by Parties Constitute Binding Order Even Without Formal Disposal Order. The court held that consent terms, once signed by parties and recorded by the court, attain finality and cannot be unilaterally resiled from.

27 Jun 2013

The appeal arose from an order of a Learned Single Judge dated 23 November 2012 dismissing a motion taken out by the appellant, Kiran Narottamdas Merc...

High Court

Karnataka High Court Examines Application of Order XXIII Rule 3A CPC to Suit by Non‑Party Seeking Declaration That Compromise Decree is Not Binding. The appellant, a religious math, challenged the rejection of its plaint which alleged that a compromise decree was fraudulent and collusive, thus not binding on it.

18 Mar 2025

The dispute centered on a property originally allotted to S. Narayana by the Bengaluru Development Authority in 1973, with a sale deed executed in 199...

High Court

Bombay High Court Allows Appeal Against Remand Order in Civil Suit — Appellate Court Exceeded Powers Under Order 41 Rule 23-A CPC. Remand Without Setting Aside Trial Court's Findings on Merits Is Not Permissible Under Order 41 Rule 23-A of the Code of Civil Procedure, 1908.

9 Nov 2022

The present appeal arises from an order of remand passed by the Appellate Court (District Court) in a civil suit. The appellants, who were the origina...

High Court

Bombay High Court Upholds Decree for Possession Under Section 6 of Specific Relief Act, 1963 — Suit for Recovery of Possession Based on Prior Possession Maintainable Without Proof of Title. The Court held that a suit under Section 6 of the Specific Relief Act, 1963 is maintainable for recovery of possession based on prior possession alone, and the defendant cannot raise the question of title.

19 Nov 2005

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging a judgment of the City Civil Court ...

High Court

Bombay High Court Dismisses Second Appeal Upholding Suit for Possession After Symbolical Delivery in Execution; Plea of Non-Maintainability and Limitation Cannot Be Raised First Time in Second Appeal. Cross-Objection Held Maintainable After Admission of Appeal.

16 Aug 2012

The litigation originated from a suit for possession, declaration, and damages regarding agricultural lands bearing Survey Nos. 1/2 and 54/3. The land...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute Over Sale Deed Validity — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Findings Are Based on Appreciation of Evidence and Are Not Perverse.

5 May 2014

The case involves two second appeals arising from a property dispute. The appellants, Rambhau Maroti Fating and others, and M/s L.G. Developers & Buil...

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