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Bombay High Court Allows Amendment in Execution Application to Correct Property Description. Executing Court Has Power to Allow Amendment Under Section 152 CPC to Align Execution with Decree.

The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession o...

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Gujarat High Court Dismisses Second Appeal in Land Dispute Over School Construction — No Substantial Question of Law Arises. Concurrent findings of fact by lower courts regarding possession and title of agricultural land cannot be interfered with under Section 100 CPC.

The present Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was filed by the appellants (original plaintiffs) challenging the ju...

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High Court of Karnataka Hears Appeal Against Decree for Rectification of Partition Deed in Brothers' Property Dispute. The Trial Court had Directed Execution of Rectification Deed and Permanent Injunction, Finding Existence of Joint Family and Error in Site Number.

The appeal arises from a suit for specific performance in the form of rectification of a partition deed and alternative partition, filed by one brothe...

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Supreme Court Dismisses Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

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Madras High Court Allows Amendment in Suit for Declaration and Possession — Subsequent Construction by Defendants Constitutes Fresh Cause of Action. Amendment to Include Mandatory Injunction Not Barred by Limitation Under Order VI Rule 17 CPC.

The petitioner filed a suit for declaration and recovery of possession. During the pendency of the suit, the petitioner alleged that the defendants tr...

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High Court of Karnataka Dismisses Second Appeal in Property Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Second Appeal Under Section 100 CPC Dismissed as No Substantial Question of Law Arises.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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High Court of Karnataka Allows Writ Petition Challenging Dismissal of Appeal on Limitation Grounds in Land Reforms Case. The Court held that the Karnataka Appellate Tribunal erred in dismissing the appeal solely on limitation without considering the merits, and remanded the matter for fresh consideration.

The petitioners, legal representatives of the deceased K. Vijayan, filed a writ petition under Articles 226 and 227 of the Constitution of India chall...