Search Results for "Article 227 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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Appellant's Promotion in Cooperative Bank, Reverses High C...
Supreme Court Grants Leave and Examines High Court's Interpretation of Section 3...

Search Results for "Article 227 CPC"

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High Court

Madras High Court Dismisses Civil Revision Petitions Against Rejection of Impleadment and Transposition Applications Filed by Power of Attorney Agent. Power of Attorney Holder Lacks Independent Right to Implead in Suit Withdrawn by Plaintiffs, as Held Under Powers of Attorney Act, 1882 and CPC.

30 Apr 2025

These two civil revision petitions challenged the trial court’s dismissal of applications filed by a power of attorney holder in a pending money rec...

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

High Court

High Court of Karnataka Quashes Stamp Duty Demand on Arbitral Award Passed Outside State — Stamp Duty Payable Only Where Award is Made Under Section 3 of Karnataka Stamp Act, 1957. Arbitral Award Made in Mumbai Not Subject to Karnataka Stamp Duty When Sought to be Executed in Karnataka.

23 Oct 2024

The petitioner, Mahindra & Mahindra Financial Services Ltd, a financial institution, entered into a loan agreement with respondents No. 1 and 2. The a...

High Court

High Court of Karnataka Allows Writ Petition to Set Aside Abatement and Implead Legal Representatives in Partition Suit — Trial Court's Rejection of Application Under Order 22 Rule 9 CPC Quashed for Failure to Consider Sufficient Cause.

25 Jul 2024

The petitioners, who were the plaintiffs in a suit for partition and separate possession, filed a writ petition challenging the order of the Additiona...

High Court

Bombay High Court Dismisses Petition Challenging Return of Plaint in Co-operative Dispute Over OTS. Guarantor's Dispute Under Section 91 of Maharashtra Co-operative Societies Act, 1960 Held Not Maintainable After Issuance of Recovery Certificate Under Section 101.

13 Jan 2022

The petitioners, Mr. Sadanand Belvalkar and another, were guarantors to a loan sanctioned by Vidya Sahakari Bank Limited (respondent no. 2) to M/s Mbe...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

High Court

High Court of Karnataka Allows Marking of Sale Deed in Execution Proceedings Despite Pending Registration — Distinction Between Registration and Admissibility Under Evidence Act. The court held that a certified copy of a sale deed can be marked as an exhibit even if the original is pending registration for under-valuation, subject to the provisions of the Stamp Act and Registration Act.

2 Jul 2015

The petitioners, Sri C. Chinnappa and Chandrashekar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an orde...

High Court

High Court of Karnataka Allows Impleadment of Alleged Paramour in Divorce Petition Under Hindu Marriage Act, 1955 — Necessary Party for Adjudication of Adultery Allegations. The court held that for effective adjudication of adultery allegations under Section 13(1)(i) of the Hindu Marriage Act, 1955, the alleged paramour is a necessary party to avoid multiplicity of proceedings.

14 Aug 2014

The petitioner, Lt Col. Rajiv Shankar, filed a divorce petition (MC No.1305/2013) before the VI Additional Principal Judge, Family Court, Bangalore, u...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Execution Court Order in Land Dispute. Court holds that objections under Section 47 of CPC cannot be raised after 30 years of decree and that execution court cannot go behind the decree.

11 Jun 2013

The petitioners, legal representatives of the original decree holder Rukmini Pandurang Prabhu Alvekar, filed a writ petition under Article 227 of the ...

High Court

Bombay High Court Upholds Interim Maintenance to Wife Despite Husband's Claim of Talaq in Restitution of Conjugal Rights Proceedings. Mere assertion of divorce does not defeat wife's claim for interim maintenance; husband must prove factum of divorce.

12 Aug 2010

The petitioner-husband and respondent-wife were married on 22.12.2006 under Islamic Law. The wife filed Petition No. A889/2008 before Family Court No....

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