Search Results for "article 115"

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Search Results for "article 115"

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High Court

Gujarat High Court Quashes Preventive Detention Order for Lack of Material Showing Disturbance to Public Order. Detention under Gujarat Prevention of Anti-social Activities Act, 1985 set aside as mere registration of FIRs does not establish threat to public order.

8 Jan 2026

The petitioner, Karansingh @ Chhotu Ramavtarsinh Mohansingh Tomar, was preventively detained by an order dated 13/08/2025 passed by the Police Commiss...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

High Court

High Court of Karnataka Quashes BDA's Demand for Stamp Duty on 'Donation' in Lease Deed — Word 'Donation' in Lease Context Held Not to Mean Gift but Premium or Consideration. The court applied the principle of contextual interpretation to hold that 'donation' in a lease deed executed by BDA was a premium for the lease, not a gift, and thus not subject to stamp duty.

3 Jan 2023

The petitioner, Suchitra Cinema and Cultural Academy, a trust registered under the Indian Trusts Act, 1882, had entered into a lease agreement with th...

High Court

High Court of Karnataka Allows Revision Petition in Maintenance Case — Family Court Erred in Rejecting Petition on Territorial Jurisdiction Grounds Without Proper Inquiry. Wife's Affidavit of Residence Sufficient to Establish Jurisdiction Under Section 126 Cr.P.C.

7 Jul 2022

The petitioners, Sangeeta W/o Bapu Lamani and her three minor children, filed a petition under Section 125 of the Code of Criminal Procedure, 1973 (Cr...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Rejects Plaint for Non-Disclosure of Cause of Action and Barred by Limitation. Order VII Rule 11(a) and (d) CPC applied to plaint seeking declaration of title and possession based on unregistered sale deed and unproven will.

23 Jul 2021

The petitioner, Sri P.R. Chenna Reddy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the o...

High Court

High Court of Karnataka Allows Appeal in Money Recovery Suit — Admission of Liability in Written Statement Constitutes Acknowledgment Under Section 18 of Limitation Act, 1963. Suit for Recovery of Money Based on Supply of Goods Held Not Time-Barred Due to Defendant's Admission.

22 Oct 2021

The case involves a suit for recovery of money filed by M/s. Jindal Steels, a partnership firm (plaintiff), against Trident Architectural Aluminium Pr...

High Court

High Court of Karnataka Dismisses Revision Petition in Partition Suit — Upholds Trial Court Order Refusing to Reopen Evidence. Court holds that Order 18 Rule 17 CPC cannot be used to fill gaps in evidence or to allow a party to adduce additional evidence after closure of evidence.

24 Feb 2020

The petitioners, who are defendants in a partition suit, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challe...

High Court

Gujarat High Court Quashes Preventive Detention Order for Lack of Material Showing Disturbance to Public Order. Detention under Gujarat Prevention of Anti-social Activities Act, 1985 set aside as mere registration of FIRs does not justify preventive detention without evidence of public order disturbance.

23 Feb 2026

The petitioner, Pavankumar S/o Avdhesh Paswan, was preventively detained by an order dated 25.01.2026 passed by the Police Commissioner, Surat City, u...

High Court

Madras High Court Dismisses Writ Petition Seeking Removal of Encroachment on Common Pathway, Holds Dispute Over Patta Land Must Be Resolved by Civil Court. The court found that the pathway was patta land and a civil suit was pending, making the writ petition not maintainable.

27 Mar 2026

The petitioner, D. Arputham, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the Commissione...

High Court

Madras High Court Allows Revision, Restores Temporary Mandatory Injunction for Cart Track Access in Property Dispute. Appellate Court Exceeded Jurisdiction Under Order 43 Rule 1(r) CPC by Re-appreciating Evidence on Merits Instead of Confining to Jurisdictional Errors.

23 Feb 2026

The petitioners (plaintiffs) filed a civil suit seeking a permanent injunction and a temporary mandatory injunction to restore a cart track that alleg...

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