Search Results for "CPC Section 100"

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Search Results for "CPC Section 100"

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High Court

Gujarat High Court Allows Condonation of Delay in Substitution of Heirs in Civil Appeal. Delay of 1537 days condoned as sufficient cause shown for bringing legal representatives of deceased respondents on record in pending first appeal against decree under Order VII Rule 11 CPC.

27 Jan 2026

The present application was filed by the applicants, Vikramsinh Kanjibhai and another, seeking condonation of delay of 1537 days in filing an applicat...

High Court

Bombay High Court Allows Application for Dismissal of Election Petition for Non-Disclosure of Cause of Action — Alleged Defects in Nomination Papers Not Substantial Under Representation of the People Act, 1951. Court held that failure to plead material facts and material effect on election result warrants rejection under Order VII Rule 11 CPC.

15 Oct 2024

The present application was filed by the returned candidate, Anil Yeshwant Desai, who was Respondent No.1 in the Election Petition, seeking dismissal ...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Order VII Rule 11 Application in Election Petition — Holds That Allegations of False Declaration and Suppression in Form-26 Disclose Triable Issues Under Section 100(1)(b) and (d)(i) of RP Act. The Court ruled that the Election Petition cannot be rejected at the threshold as it contains material facts and raises triable issues regarding corrupt practice and improper acceptance of nomination.

22 Apr 2024

The Supreme Court dismissed the appeal filed by Karim Uddin Barbhuiya, the returned candidate, against the Gauhati High Court's order dismissing his a...

High Court

Bombay High Court Dismisses Appeal by Bank of India Against Rejection of Plaint Rejection Application in Commercial Suit. Court holds that jurisdiction of civil court is not barred under Section 19(6) to (10) of Recovery of Debts and Bankruptcy Act, 1993 when suit is for recovery of money by a non-banking entity against a bank.

15 Dec 2023

The appeal was filed by the Bank of India and its Authorized Officer (Defendants) under Section 13(1A) of the Commercial Courts Act, 2015, challenging...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Objector's Applications in Execution Proceedings — Held That Executing Court Must Determine Rights of Third Party Objector Under Order 21 Rules 97-101 CPC Before Proceeding with Possession. The court set aside the order dismissing I.A.Nos.7 to 11 and remanded the matter for fresh adjudication.

18 Oct 2021

The appellant, M. Venkatachalam, was an objector in execution proceedings (Ex.No.1863/2015) arising out of a decree in O.S.No.2781/2001. The decree ho...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

High Court

Karnataka High Court Allows Appeal in Declaration Suit Against Government — Notice Under Section 80 CPC Held Sufficient. Ex.P.7 Notice Complied with Requirements Despite Minor Defects, Lower Appellate Court's Reversal Set Aside.

18 Nov 2019

The appellant-plaintiff, R. Jayaraman, filed a suit for declaration and perpetual injunction against the respondents, who are government officials and...

High Court

Karnataka High Court Allows Second Appeal in Execution Dispute Over Attached Property — Sale Agreement Prior to Attachment Confers Right to Resist Execution Under Order XXI Rules 58 and 97 CPC. The Court held that attachment before judgment does not create any right or title, and a prior sale agreement coupled with possession gives the purchaser a right to object to execution.

13 Apr 2015

The appellant, S.K. Gangadhara, entered into a registered sale agreement on 01.07.2004 for the purchase of a house property from Sri B.M. Krishna. The...

High Court

High Court of Karnataka Dismisses Execution Second Appeal as Not Maintainable Against Order Under Order 21 Rule 11 CPC. Order Allowing Execution Petition Under Order 21 Rule 11 CPC Does Not Amount to a Decree and Hence No Second Appeal Lies.

6 Apr 2015

The case pertains to an Execution Second Appeal filed by B. Kashinath Choudhary against an order dated 11.03.2013 passed by the Principal Civil Judge ...

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