Search Results for "Section 114 CPC"

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Supreme Court

Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

1 Aug 2026

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

Supreme Court

Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

1 Aug 2026

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

High Court

High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

30 Jun 2025

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

Supreme Court

Supreme Court Dismisses Review Petition in Arbitration Enforcement Case — No Error Apparent on Record. Review Petition Against Dismissal of Civil Appeals Under Section 48 of Arbitration and Conciliation Act, 1996 Rejected as Court Found No Ground for Review Under Order 47 Rule 1 CPC.

1 Jan 2023

The Supreme Court of India dismissed review petitions filed by Arun Dev Upadhyaya against the judgment dated 10.08.2021 in Civil Appeal Nos. 8345-8346...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Plaint Not Barred by Section 70 of Karnataka Societies Registration Act, 1960. Order VII Rule 11 CPC Application Rejected as Suit Discloses Cause of Action and Is Not Time-Barred.

10 Nov 2022

The petitioner, defendant No.3 in O.S.No.49/2010, filed a civil revision petition under Section 115 CPC challenging the order dated 17.12.2018 passed ...

High Court

High Court of Karnataka Considers Appeals Against Vacation of Temporary Injunction in Property Partition Dispute. Grandchildren Seek Share in Ancestral Properties Alleging Attempts to Alienate Suit Properties.

22 Sep 2020

The matter pertains to two appeals filed against the order of the XIV Additional City Civil Judge, Bengaluru, dated 26 September 2019, in Original Sui...

Supreme Court

Supreme Court Allows Partition Suit Appeal, Remands for Fresh Preliminary Decree — Co-sharer's Right to Partition Not Barred by Earlier Compromise or Subsequent Sales. The Court held that the right to partition is a continuing right and the suit was not barred by res judicata or compromise, and subsequent purchasers are bound by lis pendens under Section 52 of the Transfer of Property Act, 1882.

15 Jan 2020

The present appeals arise out of a suit for partition (Civil Suit No. 4406 of 2005) filed by the appellant, Rajinder Kaur, for partition of a property...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

High Court

High Court of Karnataka Dismisses Review Petition in Securities Arbitration Case — Interest Award Not an Error Apparent on Face of Record. Review under Section 114 CPC read with Order XLVII Rule 1 CPC is not an appeal; mere disagreement with the judgment is not a ground for review.

23 Nov 2018

The review petition was filed by Kotak Securities Ltd. seeking review of the judgment dated 22.02.2013 passed by the High Court of Karnataka in RFA No...

High Court

Bombay High Court Admit Second Appeals Challenging First Appellate Court's Reversal of Money Decree. Substantial Questions of Law Framed on Whether First Appellate Court Properly Considered Trial Court Findings and Whether Its Findings Were Perverse.

13 Apr 2018

The appellants filed a summary suit for recovery of Rs. 74,37,500 against the respondent based on a memorandum of understanding executed on 01.01.2011...

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