Search Results for "Order XXXIX CPC"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Order XXXIX CPC"

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High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Common Property. Suit for partition and separate possession fails as plaintiff failed to prove that suit schedule properties were joint family properties.

25 Jan 2019

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment ...

High Court

Bombay High Court at Goa Dismisses Petitions Challenging Refusal of Leave to Amend Written Statement in Vacation Suits. Defendants' Application for Amendment After Commencement of Trial Held Not Maintainable Under Order 6 Rule 17 CPC as No Satisfactory Reason for Delay Was Shown.

28 Jun 2011

The Bombay High Court at Goa dismissed two writ petitions filed by the defendants in Special Civil Suit Nos.23/2010/B and 24/2010/B, challenging a com...

High Court

Bombay High Court Allows Appeal Against Refusal of Temporary Injunction in Suit for Specific Performance — Restrains Defendant from Creating Third Party Interest Pending Suit. Part Payment of Rs.10 Lacs Out of Rs.19 Lacs Consideration Under Agreement to Sell Warrants Protection of Property from Alienation Under Order XXXIX Rules 1 and 2 CPC.

1 Jul 2015

The appellant (plaintiff) filed Special Civil Suit No.10 of 2014 seeking specific performance of an agreement to sell a property for a consideration o...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Co-Owners — Appellate Court Exceeded Jurisdiction Under Order 39 Rule 11 CPC. Discretionary Power Under Order 39 Rule 11 CPC Cannot Be Exercised Mechanically Without Showing Prejudice.

20 Mar 2017

The case involves a property dispute between two brothers, Shashikant Yeshwant Pal and Tanaji Yeshwant Pal, and their respective wives, over a house p...

High Court

Bombay High Court Allows Interim Orders in Testamentary Suit Under Section 268 of Indian Succession Act, 1925. Court holds that Section 141 CPC confers power to protect estate property pending grant of letters of administration.

29 Aug 2006

The Plaintiff, Rupali Mehta, filed Petition No.378 of 2005 seeking letters of administration with the Will annexed in respect of the estate of Captain...

Supreme Court

Supreme Court Allows Complainant's Appeal in Criminal Quashing Case — High Court Erred in Quashing Criminal Proceedings Under Section 482 CrPC Without Considering Prima Facie Case. Allegations of Forgery and Cheating in Sale Deed Execution Require Trial, Not Quashing at Threshold.

4 Nov 2025

The appellant-complainant lodged a private complaint against the private respondents alleging offences under Sections 120B, 201, 419, 471, 468 and 420...

Supreme Court

Supreme Court Upholds NGT Directions on Buffer Zones for Lakes and Rajakaluves in Bangalore — Environmental Protection Prevails Over Development Rights. The Court held that the NGT's directions for buffer zones of 75 meters around lakes and 25-50 meters around Rajakaluves are valid and must be implemented prospectively, rejecting retrospective application.

5 Mar 2019

The case involves multiple appeals under Section 22 of the National Green Tribunal Act, 2010, challenging orders of the National Green Tribunal (NGT) ...

High Court

Karnataka High Court Allows Appeal Against Dismissal of Injunction in Property Dispute — Prima Facie Case Established for Temporary Injunction. The court set aside the trial court's order and remanded for fresh consideration of the injunction application under Order 39 Rules 1 and 2 CPC.

4 Mar 2020

The appellant, M/s Lumbini Gardens Limited, filed a suit for permanent injunction to restrain the respondents (State of Karnataka and others) from unl...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

28 Feb 2017

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

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