Search Results for "Civil Procedure Code, 1908"

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High Court of Karnataka considers maintainability of suit for declaration of caste and mother tongue after reconversion to Hinduism. Civil court's jurisdiction to declare caste and direct correction of school records examined in light of Karnataka Act of 1990.

The case arose from a suit filed by the plaintiffs, who originally belonged to the Thevar caste and Tamil mother tongue, later converted to Islam, and...

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Bombay High Court Considers Preliminary Objection in Election Petition No. 11 of 2009 Alleging EVM Tampering and Excess Expenditure. The Court Hears Arguments on Maintainability Under Sections 81(3) and 83 of the Representation of the People Act, 1951.

The judgment pertains to an election petition filed by Dr. Madhavrao Kinhalkar, an independent candidate, challenging the election of Ashok Shankarrao...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...

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Bombay High Court Dismisses Appeal Against Summary Judgment in Commercial Contract Dispute. Exclusive Jurisdiction Clause in Purchase Order Held Inapplicable as No Cause of Action Arose at Stipulated Venue.

The respondent, Shell Life Sciences Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the appellant, Aglowm...

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Gujarat High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings of Fact. Appellate Court's Reversal of Trial Court's Decree Set Aside Due to Lack of Substantial Question of Law Under Section 100 CPC.

The appellant, Manilal Ratnabhai Solanki, was the unsuccessful plaintiff in a suit for declaration of title and possession of suit land. He filed Regu...

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Supreme Court Sets Aside Ex Parte Dismissal in Specific Performance Suit Due to Procedural Irregularity - Framing of Issues and Points for Determination Essential Even in Ex Parte Proceedings Under Code of Civil Procedure, 1908.

The Supreme Court addressed an appeal concerning procedural obligations in ex parte civil suits, specifically whether absence of formal framing of iss...

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Bombay High Court Dismisses Developer's Writ Petition Challenging SRA Eviction Order — Petitioner Lacked Locus Standi as Non-Owner. Slum Rehabilitation Authority's Order to Hand Over Possession to Original Slum Dwellers Upheld Under Maharashtra Slum Areas Act, 1971.

The petitioner, Transcon-Sheth Creators Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition in the High Court...