Search Results for "Section 105 CPC"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Section 105 CPC"

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High Court

High Court of Karnataka Dismisses Appeal in Suit for Declaration and Injunction — Plaint Rejected as Barred by Law Under Order 7 Rule 11 CPC. Suit by Members of Co-operative Society Against Society and Its Office Bearers Held Not Maintainable in Civil Court Due to Bar Under Section 9 CPC Read with Karnataka Co-operative Societies Act, 1959.

2 Nov 2015

The plaintiffs, who were members of the Shantinikethan Co-operative House Building Society, filed a suit (O.S. No.8/2008) before the II Additional Sen...

High Court

High Court of Karnataka Dismisses Revision Petition Against Order Allowing Condonation of Delay in Filing Appeal — Limitation Act Section 5 Application Allowed on Costs. The court upheld the trial court's discretion to condone a delay of about 12 years in filing an appeal against a decree in a suit for permanent injunction, finding no jurisdictional error under Section 115 CPC.

5 Jan 2015

The petitioner, Mr. M Rathnavarma Padival, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging an orde...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

Supreme Court

Supreme Court Hears Civil Appeals Concerning Applicability of Interest on Delayed Payments Act to Prior Contracts. The appeals arise from a common question of law regarding the retrospective application of the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993.

1 Aug 2026

The appeals before the Supreme Court arose from a common question of law regarding the applicability of the Interest on Delayed Payment to Small Scale...

High Court

High Court of Bombay at Goa Allows Second Appeal Due to Non-Compliance with Order 41 Rule 31 CPC — Lower Appellate Court Failed to Frame Points for Determination and Provide Adequate Reasoning. The judgment of the Lower Appellate Court was set aside and the matter remanded for fresh disposal.

27 Jan 2012

The present Second Appeal arises from a dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning prop...

High Court

Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

25 Sep 2013

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging Compulsory Purchase Order Under Income Tax Act. Suit Seeking Declaration That Compulsory Purchase Order Stood Abrogated Was Barred by Section 269-UN and Section 293 of the Income Tax Act, 1961, Which Exclude Civil Court Jurisdiction.

25 Apr 2025

The appeal was filed against the order dated 7th April 2014 passed by a learned Single Judge of the Bombay High Court dismissing the plaintiff's suit ...

High Court

High Court of Karnataka Quashes Order Rejecting Application Under Section 151 CPC for Reopening of Evidence — Trial Court Failed to Exercise Jurisdiction Under Article 227. The court held that inherent powers under Section 151 CPC can be invoked to reopen evidence to secure ends of justice, and the trial court's refusal to allow the plaintiff to be examined in person was a failure to exercise jurisdiction.

31 Oct 2017

The petitioner, Smt. Jabeena Hussaini, represented by her power of attorney holder, filed a writ petition under Article 227 of the Constitution of Ind...

High Court

Bombay High Court Upholds Validity of Section 21(5) of Bombay Sales Tax Act, 1989 Allowing Non-Judicial Member as President of Tribunal. Challenge to Appointment of IAS Officer as President Dismissed as Provision Does Not Violate Basic Structure.

28 Sep 2017

The Sales Tax Tribunal Bar Association and its President filed a writ petition before the Bombay High Court challenging the constitutional validity of...

High Court

High Court of Karnataka Hears and Reserves Order on Interim Measures in Intellectual Property Dispute with Foreign Seated Arbitration. Petition Under Section 9 of Arbitration Act Questions Indian Court's Jurisdiction and Maintainability of Mandatory Injunction.

31 Jul 2026

The applicant, a Singapore-incorporated company engaged in software development, filed a petition under Section 9 of the Arbitration and Conciliation ...

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