Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

10 Apr 2019

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

Supreme Court

Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

2 Apr 2019

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

Supreme Court

Supreme Court Remands Second Appeals to High Court for Non-Compliance with Section 100 CPC. High Court Failed to Frame Substantial Questions of Law Before Allowing Second Appeals.

28 Mar 2019

The Supreme Court heard civil appeals arising from a batch of second appeals decided by the Punjab & Haryana High Court. The dispute involved property...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

Supreme Court

Supreme Court Allows Appeal in Tribal Land Transfer Case — Reversion Order Upheld Despite Civil Suit Challenge. The Court held that a civil suit challenging an order under Section 170B of the MP Land Revenue Code, 1959 is barred by res judicata when the order was already affirmed by the High Court in a writ petition.

14 Mar 2019

The appeal arises from a judgment of the High Court of Chhattisgarh in a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The dis...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case Due to High Court Exceeding Jurisdiction Under Section 100 CPC. High Court's Reappreciation of Evidence in Second Appeal Quashed as Beyond Scope of Substantial Question of Law.

13 Mar 2019

The present appeal arises from a property dispute between the original plaintiff (respondent) and the original defendants (appellants) concerning the ...

Supreme Court

Supreme Court Allows Appeals and Remands Second Appeals to High Court for Fresh Disposal Due to Procedural Non-Compliance Under Section 100 CPC. High Court Dismissed Second Appeals on an Un-Framed Question Without Following Mandatory Procedure Under Section 100(5) CPC.

12 Mar 2019

The appellant, Tanuku Taluk Village Officers' Association, filed two civil suits against Tanuku Municipality and others: one for permanent injunction ...

Supreme Court

Supreme Court Allows Appeal in Territorial Jurisdiction Dispute — Revocation of Leave Under Clause 12 of Letters Patent Act, 1865 Should Not Be Entertained Except in Clearest Cases. The court held that a plea of territorial jurisdiction is a mixed question of law and fact to be raised in written statement, not by revocation application.

7 Mar 2019

The appellant, Isha Distribution House Pvt. Ltd., filed a civil suit (Civil Suit No.88/2016) in the Calcutta High Court against Aditya Birla Nuvo Ltd....

Supreme Court

Supreme Court Upholds Transposition of Defendants as Plaintiffs in Suit for Cancellation of Sale Deed — Subsequent Purchasers Pendente Lite Allowed to Continue Suit Despite Withdrawal by Original Plaintiffs. The Court Held That Defendants Who Were Originally Plaintiffs and Had Identity of Interest Could Be Transposed Under Order XXIII Rule 1-A CPC to Protect Their Rights and Avoid Bar of Limitation.

6 Mar 2019

The case involves a civil suit originally filed in 1989 by A.C. Nataraja Mudaliar against A.V. Manoharan (defendant No.1) and R. Dhanasundari @ R. Raj...

Supreme Court

Supreme Court Dismisses Appeal in Seniority Dispute Over Catch-Up Rule for Reserved Category Promotions. Consequential Seniority for Scheduled Caste Promotee Upheld as Regular Promotion Not Fortuitous.

5 Mar 2019

The case involves a seniority dispute between two officers of the Government of Maharashtra: Sudhakar Baburao Nangnure (appellant, open category) and ...

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