Search Results for "Civil Procedure Code, 1908"

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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Allows Appeal Against Dismissal of Suit for Want of Prosecution Due to Non-Service of Defendants — Court Holds That Dismissal Under Order IX Rule 5 CPC Requires Willful Default or Negligence, Not Mere Failure to Serve. The court restored the suit, emphasizing that the plaintiffs had made efforts to serve the defendants and had filed a Chamber Summons for substituted service, which was pending.

29 Jan 2018

The appellants, M/s. Jain Developers and others, filed Suit No. 2808 of 2008 in the Bombay High Court seeking a declaration that there was a valid and...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Order VII Rule 11 CPC in Suit for Specific Performance. Court Holds That Agreement to Sell Need Not Be Registered Under Maharashtra Stamp Act for Purposes of Order VII Rule 11 CPC, and That Questions of Limitation and Valuation Are Mixed Questions of Fact and Law Not Decided at Threshold.

28 Mar 2023

The petitioner, Vijay Shivram Pathare, filed a Civil Writ Petition under Article 227 of the Constitution of India challenging the order dated 8th Augu...

High Court

Karnataka High Court Upholds Trial Court's Order Allowing Plaintiff to Adduce Evidence in Commercial Suit, Finding No Perversity or Jurisdictional Error. Order Passed Under Order 18 Rule 4(1B) CPC Not Violative of Embargo When Sufficient Cause Shown.

11 Sep 2023

The dispute arose from a commercial summary suit (Commercial O.S. No. 1/2018) filed by a Class-I contractor before the Commercial Court at Raichur aga...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration of Ownership — Rejection of Plaint Application Under Order VII Rule 11 CPC Properly Refused as Plaint Discloses Cause of Action. The trial court's refusal to reject the plaint was upheld because the plaint disclosed a cause of action and issues of limitation and valuation were mixed questions of fact and law.

4 Jun 2015

The petitioners, who were the defendants in the trial court, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (C...

High Court

Karnataka High Court Examines Constitutional Validity of Amendment to CPC Fixing 120-Day Limit for Written Statement; Challenge to Provisions Curtailing Judicial Discretion and Inherent Powers. The Amendment, Introduced by State Legislature, Allegedly Overrides Supreme Court Ruling and Violates Articles 14 and 141 of the Constitution.

28 Jul 2026

The High Court of Karnataka entertained two writ petitions filed under Article 226 of the Constitution of India, challenging the constitutional validi...

High Court

Bombay High Court Dismisses Decree Holder's Application for Mesne Profit Inquiry as Time-Barred Under Article 137 of Limitation Act, 1963. Application filed more than three years after decree for possession and mesne profits was held to be barred by limitation, as the right to apply accrued on the date of decree.

6 Feb 2013

The applicant, Gajanfar Rafik Ahmed Mirajkar, was the plaintiff in Special Civil Suit No.3/1983, which was decreed on 23.08.2006. The decree granted p...

Supreme Court

Supreme Court Dismisses Appeal in Civil Suit Over Drain Dispute, Upholding Bar on Civil Court Jurisdiction Under Municipal Act. Civil Court Lacked Jurisdiction as Guwahati Municipal Corporation Act, 1971 Provided Implied Bar and Alternate Remedy Through Commissioner for Drain-Related Rights, Leading to Plaint Rejection Under Order VII Rule 11(d) of Code of Civil Procedure, 1908.

10 Aug 2021

The dispute arose from a title suit filed by the appellant against the respondent in the Court of Munsif No.2, Kamrup Guwahati, seeking a declaration ...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the trial court failed to consider the provisions of Order IX Rule 13 of the Code of Civil Procedure, 1908 and the explanation of the defendants regarding non-appearance.

16 Mar 2021

The petitioners, original defendants in a suit for specific performance of contract, challenged the order of the Civil Judge, Junior Division, Washi, ...

High Court

Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Saranjam Property Dispute. The court held that the Bombay Rent-Free Estates Act, 1852 and Exemptions from Land Revenue Acts, 1863 do not bar civil court jurisdiction over title and possession of Saranjam properties.

27 Apr 2015

The case involves a Civil Revision Application filed by the original defendant no. 1 challenging an order dated 22 February 2005 passed by the Joint C...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

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