Search Results for "Civil Procedure Code, 1908"

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Search Results for "Civil Procedure Code, 1908"

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High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Treat Probate Proceedings as Suit. Section 295 of Indian Succession Act, 1925 does not mandate automatic conversion of contentious probate proceedings into a suit; District Judge's discretion upheld.

20 Sep 2005

The petitioners, who were opponents in Civil Miscellaneous Application No. 102/03 filed by respondents 1 to 3 under Section 276 of the Indian Successi...

High Court

High Court of Karnataka Adjudicated Regular First Appeals Against Partly Decreed Suit for Declaration. State of Karnataka and Town Municipal Council Challenged Trial Court Judgment in Original Suit No. 07/2008 Under Section 96 of Code of Civil Procedure, 1908.

29 Apr 2025

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Supreme Court

Supreme Court Dismisses Appeal Against Compromise Decrees Passed Without Appointment of Representatives Under U.P. Court of Wards Act. Section 56 of the U.P. Court of Wards Act, 1912, Held to be Directory and Not Mandatory, Validating the Compromise Decrees.

14 Dec 1959

The dispute arose from two cross-suits between the appellant, proprietor of Ganeshpur Estate, and the respondent, proprietor of Ramnagar Estate, conce...

High Court

High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

16 Feb 2015

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

High Court

Gujarat High Court Dismisses Second Appeal in Recovery Suit, Upholds Concurrent Findings on Preponderance of Probabilities and Section 58 of Evidence Act. Court holds that admitted facts need not be proved and appellate court's failure to frame points of determination does not vitiate judgment if no prejudice caused.

23 Feb 2026

The appellant, Rajendra Krishnalal Sandhu, proprietor of Bharat Marine Traders, filed a second appeal under Section 100 of the Code of Civil Procedure...

High Court

Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

2 May 2023

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

High Court

Bombay High Court Dismisses Revision Against Order Holding Civil Court Jurisdiction in Land Possession Suit — Jurisdictional Bar Under Section 4A of Maharashtra Project Affected Persons Rehabilitation Act, 1986 Not Applicable to Suits Against Private Parties. The Court held that the civil suit for possession and injunction against private defendants is maintainable as the dispute does not involve any order or proceeding under the Act.

21 Feb 2018

The case arises from a civil suit filed by Respondent Nos.1 to 3 (original plaintiffs) against the Applicants (original defendants) and the State auth...

Supreme Court

Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

17 Nov 2021

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

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