Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Allows Appeal Against High Court's Order Allowing Amendment of Plaint in Partition Suit. Amendment Sought After Trial Was Almost Over, Held Unnecessary and Belated Under Code of Civil Procedure, 1908.

25 Feb 2019

The appeal arose from a partition suit filed by respondent No.1 (plaintiff) in the City Civil Court, Ahmedabad, in 1990. The plaintiff sought amendmen...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963.

15 Feb 2019

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Amendment Application in Partition Suit — Belated and Mala Fide Amendment Sought After Trial Concluded. The Court held that an amendment under Order VI Rule 17 CPC after trial commenced requires proof of due diligence, and the proposed amendment would change the nature of the suit and cause prejudice.

14 Feb 2019

The appellant, M. Revanna, was Plaintiff No. 1 in a suit for partition and separate possession of joint family properties filed in 1993. The suit was ...

Supreme Court

Supreme Court Allows Workers' Union Appeal in Territorial Jurisdiction Dispute — Gujarat High Court Has Jurisdiction as Part of Cause of Action Arose in Gujarat. Workers' Employment at Porbandar Factory and Labour Court Proceedings in Gujarat Confer Jurisdiction Under Article 226(2) of the Constitution.

14 Feb 2019

The appeal arose from a dispute between Cement Workers' Mandal (appellant-Union) and Global Cements Ltd (respondent-company) and Indian Bank (responde...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

Supreme Court

Supreme Court Allows Appeals by Punjab Wakf Board, Holds Wakf Tribunal Has Jurisdiction Over Suits for Possession of Wakf Property. The Court distinguished Ramesh Gobindram and held that under the Wakf Act, 1995, the Tribunal has exclusive jurisdiction over disputes relating to wakf property, even against non-Muslim lessees.

7 Feb 2019

The Supreme Court allowed two appeals filed by the Punjab Wakf Board against separate judgments of the Punjab and Haryana High Court. The High Court h...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit for Clubbing Properties in Different Jurisdictions. Section 17 CPC Does Not Permit a Single Suit for Separate Immovable Properties Situated in Different States.

6 Feb 2019

The appeal arose from a civil suit filed by the appellant (plaintiff) seeking declaration that two properties—one in Indore, Madhya Pradesh, and ano...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

Supreme Court

Supreme Court Allows Restoration of First Appeal Dismissed in Default, Emphasizes Liberal Construction of Procedural Law to Advance Substantial Justice. The Court held that an order refusing to readmit an appeal under Order 41 Rule 19 CPC is appealable under Order 43 Rule 1(t) CPC, and that the application disclosed sufficient cause for restoration.

5 Feb 2019

The appeal arose from a civil suit filed by the respondent (plaintiff) against the appellant, Mysore Urban Development Authority (defendant), seeking ...

Supreme Court

Supreme Court Remands Land Dispute Case for Fresh Trial Due to Procedural Irregularity in Demarcation Report. The High Court's dismissal of the suit was set aside as the First Appellate Court had relied on other evidence besides the Commissioner's report, and the matter required fresh consideration.

4 Feb 2019

The case involves a land dispute between the appellants (plaintiffs) and respondents (defendants) over Khasra No. 146. The plaintiffs alleged that the...

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