Search Results for "notice under 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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Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "notice under CPC"

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High Court

Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

15 Oct 2018

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...

High Court

Karnataka High Court Allows Appeal in Suit for Partition and Injunction — Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11 CPC when the averments in the plaint, if taken as true, disclose a cause of action and the suit is not barred by any law.

6 Mar 2015

The appellants, who are the plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) ...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

25 Jul 2022

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

High Court

Bombay High Court Decides Appeal Against Interim Injunction in Specific Performance Suit Involving Share Buyback Under Letter of Undertaking. The appeal challenges the grant of interim injunction on grounds that the agreement is not a concluded contract and that its performance would breach MIMPS Regulations making it void under Section 23 of the Indian Contract Act, 1872.

11 Sep 2015

The appeal before the Division Bench of the Bombay High Court arises from an order dated 13 October 2014 passed by a single judge granting interim inj...

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

Bombay High Court Quashes Interim Custody Order in Domestic Violence Case — Child's Welfare Paramount Under Section 21 of Protection of Women from Domestic Violence Act, 2005. The court held that interim custody orders must be based on evidence of child's best interests, not merely allegations of domestic violence.

21 Dec 2016

The petitioners, Dr. Parijat Vinod Kanetkar (husband), his mother, father, and sister, challenged the order dated 8.10.2015 passed by the Judicial Mag...

Supreme Court

Supreme Court Dismisses Purchaser's Appeal and Upholds High Court's Decision Allowing Redemption Under SARFAESI Act Due to Non-Completion of Sale by Registration. Right of Redemption Under Section 13(8) SARFAESI Act Survives Until Registered Sale Deed, Following Principles of Section 60 Transfer of Property Act.

1 Aug 2026

Background: The dispute arose from the sale of a secured asset under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secu...

High Court

High Court of Karnataka Hears Two Regular First Appeals Under Section 96 CPC Against Common Judgment in Suits for Declaration, Injunction, Partition, and Dissolution of Partnership — Property Dispute Involving Sites in Mysore and Bangalore

10 Nov 2021

The Regular First Appeals RFA No.37/2003 and RFA No.84/2003 were filed under Section 96 of the Code of Civil Procedure, 1908, challenging the common j...

High Court

Madras High Court Allows Revision Petition in Summary Suit Due to Advocate's Medical Emergency — Sets Aside Ex-Parte Decree Under Order 37 Rule 4 CPC. Non-Appearance of Advocate Due to Medical Emergency Constitutes Special Circumstance Warranting Setting Aside Ex-Parte Decree When Defendant Has Triable Defense and No Delay.

27 Feb 2026

The revision petitioner, R. Ettiraj, was the 1st defendant in a summary suit (O.S. No. 4110 of 2024) filed by the respondents P. Kubendiran and M.K. K...

Supreme Court

Supreme Court Allows Appeal in Election Dispute Over Non-Disclosure of Spouse's Income Tax Details. The Court held that non-disclosure of income tax details of a non-resident spouse who is not a citizen of India and not liable to pay tax in India does not constitute a corrupt practice under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

1 Jan 2023

The case involves an election petition filed by A. Santhana Kumar, a voter, challenging the election of Kanimozhi Karunanidhi from the Thoothukudy Lok...

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