Search Results for "Civil Procedure Code, 1908"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

19 Nov 2013

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

Supreme Court

Supreme Court Allows Compounding Application in SEBI Act Case, Overturning Lower Court Decisions on Consent Requirement. Court Holds That Section 24A of Securities and Exchange Board of India Act, 1992 Does Not Mandate SEBI's Consent for Compounding, and Compounding Can Be Considered at Advanced Trial Stages Based on Factual Assessment.

23 Jul 2021

The dispute arose from a criminal prosecution under Section 24(1) of the Securities and Exchange Board of India Act, 1992, against the appellant, a di...

Supreme Court

Supreme Court Allows Appeal in Design Infringement Case, Modifying Consent Decree Due to Typographical Error. The Court held that the High Court erred in dismissing the application under Sections 152 and 153 read with Section 151 of the Code of Civil Procedure, 1908, as a misunderstanding between parties warranted correction of the Settlement Agreement to reflect the intended trademark 'FX-991ES PLUS'/'FX-991'.

4 Feb 2022

The dispute arose from a civil suit filed by the Respondent against the Appellant for design infringement and trademark violation regarding scientific...

High Court

Bombay High Court Allows Transfer of Divorce Petition to Wife's Place of Residence Under Section 24 CPC — Wife's Convenience and Child's Education Considered Paramount. The court held that in matrimonial disputes, the wife's convenience and the child's schooling must be given primacy over the husband's choice of forum.

17 Feb 2016

The applicant wife, Sheetal Mahendra Devrukhkar, filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908, seekin...

Supreme Court

Supreme Court Allows Appeals in Special Court Act Case — Garnishee Orders Set Aside for Lack of Proof of Liability. Loans taken from benami companies before notification under Special Court Act cannot be recovered from borrowers without evidence of outstanding debt.

5 Mar 2024

The appeals arose from orders of the Special Court, Bombay, under the Special Court (Trial of Offences relating to transactions in Securities) Act, 19...

High Court

High Court of Karnataka Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff failed to prove that gift deed was not acted upon or that she remained in possession; courts below concurrently held that gift deed was valid and possession was delivered.

3 Apr 2018

The appellant, Smt. Padmavati Bai (since deceased through LRs), filed a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, ...

High Court

High Court of Karnataka Declares Demolition of Shop without Notice Illegal under Section 23 of Karnataka State Highways Act, 1964. Tenant's Possession Protected When Authorities Demolish Building Without Following Procedural Mandate.

4 Jul 2024

The petitioner was a tenant running a textile shop in a building at Magadi Town, measuring 19 feet by 76 feet, referred to as Schedule-B property. He ...

High Court

High Court of Karnataka Allows Plaintiff's Petition for DNA Test in Partition Suit — Order 26 Rule 10A CPC. The court held that a DNA test is permissible under Order 26 Rule 10A CPC to establish relationship when disputed in a partition suit.

8 Jan 2018

The petitioner, Smt. D.N. Mangala, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 11.04.2017 passed ...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. The court held that no substantial question of law arose for consideration as the findings of fact by the lower appellate court were based on appreciation of evidence and not perverse.

5 Mar 2024

The present second appeal arises from a suit for declaration and injunction filed by the appellants (original plaintiffs) claiming ownership and exclu...

Supreme Court

Supreme Court Allows Appeal by Municipal Corporation in Property Tax Dispute — Civil Suit Held Not Maintainable Due to Statutory Bar Under Delhi Municipal Corporation Act, 1957. The Court held that the Act provides a complete machinery for assessment and appeal, impliedly excluding civil court jurisdiction, and the Division Bench erred in remanding the matter without considering the finality clause under Section 171.

19 Aug 2019

The case involves a dispute between the South Delhi Municipal Corporation (SDMC) and M/s Today Homes and Infrastructure Pvt. Ltd. regarding the assess...

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