Search Results for "CPC applicability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "CPC applicability"

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High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

Bombay High Court Dismisses Second Appeals in Specific Performance Suit — Upholds Concurrent Findings of Fact on Agreement to Sell and Possession. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

3 Sep 2018

The case involves two second appeals arising from a common judgment of the appellate court in a suit for specific performance of an agreement to sell ...

High Court

High Court of Karnataka Allows Appeal in Marriage Dissolution Case — Remand Order Set Aside Due to Lack of Jurisdictional Finding. Section 2(2) of Hindu Marriage Act, 1955 bars application to Scheduled Tribes unless custom is proved; court must first decide applicability of Act before remanding.

1 Feb 2019

The appellant, Narayana Naik, and the respondent, Smt. Leelavathi N., belong to the Marathi Community, which is a Scheduled Tribe. Their marriage was ...

High Court

High Court of Bombay Hears Second Appeal Against Concurrent Decrees Declaring Lapse of Land Reservation. Issues of Lapsing Under Section 127 of MRTP Act and Jurisdictional Bar Under Section 149 Argued.

30 Apr 2025

This second appeal arose from concurrent judgments and decrees of lower courts declaring that the reservation on the suit property, owned by the respo...

High Court

High Court of Karnataka, Kalaburagi Bench Adjudicates Regular First Appeal in Partition Suit Concerning Re-granted Walikaraki Lands Under KVOA Act. Core Issue: Junior Family Members’ Entitlement to Share in Lands Re-granted to Senior Branch After Abolition of Village Office.

14 Dec 2017

The dispute pertains to a suit for partition filed by the respondents/plaintiffs against the appellants/defendants regarding agricultural lands and ho...

High Court

High Court of Bombay Admits Appeal Against Order Vacating Ex-Parte Stay on NCLT Proceedings in Corporate Insolvency Case. Company Petition for Winding Up Admitted Prior to IBC Application; Court to Determine Jurisdiction Overlap Between Winding Up and Corporate Insolvency Resolution Process.

26 Jul 2018

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High Court

Bombay High Court Adjudicates Application by Merchant Vessel Owner to Limit Liability Under Part XA of Merchant Shipping Act Following Collision with Indian Navy Vessel. The Court Examined Whether the Right to Limit Liability is Absolute and Whether the Owner’s Alleged Negligence or Recklessness Could Defeat the Limitation.

17 Feb 2023

The present proceedings arose out of a collision on 30 January 2011 between the merchant vessel M.V.Nordlake, owned by the German-incorporated Plainti...

High Court

High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

17 Jul 2026

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

High Court

Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

17 Jul 2026

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

High Court

High Court of Judicature at Bombay, Aurangabad Bench, Adjudicates Civil Revision Application in Eviction Proceeding under Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954. Landlord's contention of alternate accommodation by tenant and willful default were key issues.

31 Jul 2013

The dispute centered on a shop admeasuring 15' x 20' ft. out of House No.1270/6 at Gunj Golai, Latur, owned by the late Vishwambhar Kulkarni. After hi...

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