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 Dismisses Writ Petition by Government Undertaking Challenging Execution Court Order on Interest Calculation in Arbitral Award Enforcement. Court upholds execution court's acceptance of decree holder's memo of calculation, rejecting judgment debtor's objections regarding interest computation under Section 34 of CPC.

4 Apr 2017

The petitioners, Karnataka Neeravari Nigam Ltd. and its Executive Engineer, a Government of Karnataka undertaking, had engaged the respondent, M/s. Sh...

High Court

Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute — No Grounds for Revocation Under Section 263 of Indian Succession Act, 1925. Concealment of Material Facts Not Established; Court Had Jurisdiction as Deceased's Fixed Place of Abode Was in Mumbai.

5 Apr 2019

The petitioner, Kamal Prasad, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking revocation of Letters of Administration g...

High Court

Bombay High Court Quashes Revenue Tribunal's Order Automatically Vacating Stay in Land Dispute — Asian Resurfacing Principle Not Applicable to Revenue Tribunals Under Maharashtra Tenancy Act. The court held that the automatic vacation of interim stay after six months under Asian Resurfacing applies only to CPC and criminal proceedings, not to revenue tribunals under the Maharashtra Tenancy and Agricultural Lands Act, 1948.

18 Apr 2022

The petitioner, Devsing Ramchandra Chavan, filed a writ petition before the Bombay High Court challenging an order dated 23 June 2021 passed by the Ma...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

High Court

Madras High Court Dismisses Revision Petition to Strike Off Plaint in Suit for Declaration and Injunction — Cancellation Deed Challenged as Void. Court holds that plaint cannot be struck off under Article 227 of the Constitution of India, 1950 when triable issues exist regarding validity of cancellation deed and possession.

24 Feb 2026

The Civil Revision Petition was filed by the Defendant in O.S. No.35 of 2022 pending before the District Munsif cum Judicial Magistrate Court, Cheyyur...

High Court

Bombay High Court Allows Condonation of 529-Day Delay in Appeal Against Ex-Parte Decree — Liberal Approach Required for Sufficient Cause. The court set aside the dismissal of delay condonation application and directed the First Appellate Court to hear the appeal on merits, holding that 'sufficient cause' under Section 5 of Limitation Act, 1963 should be liberally construed.

29 Mar 2006

The petitioners, original defendants in Regular Civil Suit No. 8 of 1997, were subjected to an ex-parte decree passed by the Civil Judge, Junior Divis...

High Court

Bombay High Court Upholds Validity of Bombay Stamp Act Provisions on Sale Certificates in Execution Proceedings. Interpretation of 'Instrument' under Section 147 of Delhi Municipal Corporation Act Not Extended to Bombay Stamp Act.

16 Mar 2011

The case involves a reference under Section 113 of the Code of Civil Procedure, 1908, made by the Principal District Judge, Aurangabad, to the Bombay ...

High Court

Bombay High Court Allows Writ Petition Challenging Civil Court's Lack of Jurisdiction in Company Dispute — Section 430 of Companies Act, 2013 Does Not Bar Civil Suit for Declaration and Injunction Regarding Sale of Company Property Without Board Resolution. The court held that the NCLT does not have the power to declare a sale deed void or grant permanent injunction, and thus the civil court retains jurisdiction.

26 Oct 2020

The petitioner, Shankar Assana Gaddam, claiming to be a director of Achanak Associates Realtors Pvt. Ltd., filed a civil suit challenging a board reso...

Supreme Court

Supreme Court Upholds Trial Court's Decision in Property Sale Dispute, Reversing High Court's Second Appeal - Validates Sale Deed Executed Under Power of Attorney and Awards Rendition of Accounts Against Agent. Registered Power of Attorney Cannot Be Cancelled Orally Under Registration Act, 1908, and Bona Fide Purchaser Protected Despite Agent's Breach of Internal Agreement.

28 Jan 2022

The dispute originated from a suit filed by the plaintiff, a junior engineer, regarding property he owned. He entered into an oral agreement to sell t...

High Court

Bombay High Court Dismisses Second Appeal as Not Maintainable in Hindu Marriage Act Case — Only First Appeal Lies to High Court Under Section 28 of Hindu Marriage Act, 1955. Notification Under Section 3(b) Vesting Powers of District Judge in Civil Judge Does Not Confer Right of Second Appeal Under Section 100 CPC.

4 May 2005

The appellant, Anil Narayan Mhatre, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against a decree passed by the Civil...

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