Search Results for "CPC Section 100"

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Search Results for "CPC Section 100"

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Supreme Court

Supreme Court Allows State Appeal Against Review of Concurrent Findings in Forest Land Dispute Under Andhra Pradesh Forest Act, 1967. High Court Exceeded Review Jurisdiction by Re-appreciating Evidence and Setting Aside Concurrent Findings of Fact.

22 Apr 2024

The Supreme Court allowed the appeal filed by the State of Telangana against the judgment of the High Court of Judicature at Hyderabad, which had revi...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Permanent Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction Simpliciter Dismissed as Plaintiffs Failed to Prove Possession Over Disputed Strip of Land.

20 Dec 2018

The appellants (original plaintiffs) filed a suit for permanent injunction simpliciter against the respondents (original defendants) claiming that the...

High Court

Bombay High Court Dismisses Revision Against Rejection of Election Petition Rejection Application — Material Particulars Sufficiently Disclosed. Order 7 Rule 11 CPC Rejection Not Warranted When Election Petition Contains Necessary Allegations of Non-Disclosure in Nomination Form.

22 Mar 2018

The case involves a Civil Revision Application filed by Ashok Rajaram Raul (the applicant) against an order dated 5 December 2017 passed by the 6th Jo...

High Court

High Court of Karnataka Quashes Order Rejecting Application Under Section 151 CPC for Reopening of Evidence — Trial Court Failed to Exercise Jurisdiction Under Article 227. The court held that inherent powers under Section 151 CPC can be invoked to reopen evidence to secure ends of justice, and the trial court's refusal to allow the plaintiff to be examined in person was a failure to exercise jurisdiction.

31 Oct 2017

The petitioner, Smt. Jabeena Hussaini, represented by her power of attorney holder, filed a writ petition under Article 227 of the Constitution of Ind...

High Court

Karnataka High Court Allows Revision Petition Against Rejection of Obstruction Application in Execution Proceedings — Petitioner's Claim of Share in Decreed Property Requires Inquiry Under Order XXI Rule 97 CPC. The executing court's summary rejection of the obstruction application without proper inquiry was set aside and matter remanded for fresh consideration.

17 Apr 2017

The petitioner, Mrs. Hemalatha Nayak @ Vijaya Laxmi Shenoy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CP...

High Court

High Court of Karnataka Dismisses Appellant's Second Appeal in Partition Suit — No Substantial Question of Law. Concurrent findings of fact regarding joint family property and limitation upheld under Section 100 CPC.

29 Jun 2016

The appellant, Smt. Neelavva, was the plaintiff in a suit for partition and separate possession of agricultural land and house properties. She claimed...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

8 Jun 2016

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

High Court

High Court of Karnataka Allows Writ Petitions Challenging Execution Court Order in Suit for Specific Performance - Decree Holder's Application for Possession Through Commissioner Dismissed as Executing Court Cannot Go Beyond Decree. Executing Court Cannot Order Delivery of Possession When Decree for Specific Performance Does Not Specifically Direct Possession Under Order 21 Rule 35 CPC.

30 Jul 2015

The petitioners, legal representatives of the original plaintiff N.H. Shivamurthy, filed writ petitions under Article 227 of the Constitution of India...

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