Search Results for "CPC applicability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "CPC applicability"

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High Court

Bombay High Court Allows Counter Claim in Suit for Perpetual Injunction — Order 8 Rule 6A CPC Permits Set-Off or Counter Claim Even in Injunction Suits. The court held that a counter claim arising from the same transaction cannot be excluded with liberty to file a fresh suit, as it would lead to multiplicity of proceedings.

19 Jan 2015

The petitioners, who were defendants in Regular Civil Suit No. 561 of 2014, challenged an order passed by the trial court under Order 8 Rule 6A and 6C...

Tribunals

National Company Law Appellate Tribunal Considers Appeal Against Admission of Coffee Day Enterprises to CIRP Under Section 7 of Insolvency Code. Appeal Raises Questions on the Validity of Debenture Trustee's Action and Limitation Period Based on Debenture Trust Deed Provisions.

1 Jan 1970

The appeal arose from an order of the NCLT Bengaluru Bench admitting Coffee Day Enterprises Limited (the corporate debtor) into Corporate Insolvency R...

High Court

High Court of Karnataka Allows Commercial Appeal in Partnership Dispute — Rejects Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a plaint cannot be rejected on the ground of non-joinder of necessary parties or lack of cause of action when the plaintiff seeks declaration of partnership rights and accounts.

25 Sep 2025

The case involves a commercial appeal filed by Mrs. Bhagyashree Jain against M/s. Vyshnavi Visions and its partners, challenging the trial court's ord...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

High Court

High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Order VII Rule 11 CPC. The court upheld the Trial Court's decision, finding that objections based on Order II Rule 2 CPC, want of cause of action, and limitation require evidence and trial, not summary rejection under Order VII Rule 11 of the Code of Civil Procedure, 1908.

24 Apr 2026

The dispute arose from a development agreement and subsequent sale deed concerning 32 plots in Latur. The plaintiff, a co-owner, entered into a develo...

High Court

High Court of Bombay at Goa Dismisses First Appeal in Partnership Firm Suit for Specific Performance - Plaint Rejection Under Order VII Rule 11 CPC Upheld Due to Res Judicata. Subsequent Suit by Registered Firm Barred as Cause of Action Identical to Prior Dismissed Suit by Unregistered Firm Under Section 69(2) of Indian Partnership Act, 1932.

27 Feb 2026

The dispute originated from agreements for sale of a plot of land in Goa, where the appellant, initially an unregistered partnership firm, entered int...

High Court

High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Order VII Rule 11(d) CPC in Suit for Declaration and Specific Performance -- Applicant Application Rejected, Anil Hariprasad Jejani's Suit to Proceed

10 Feb 2026

The High Court of Judicature at Bombay, Nagpur Bench dismissed Civil Revision Application No.117 of 2025 filed by Ramesh Bhagirath Rander (applicant/d...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Application to Set Aside Dismissal of Appeal for Non-Compliance of Order to Bring Legal Representatives on Record. Order XXXIX Rule 11 CPC Held Inapplicable to Dismissal for Default; Sufficient Cause Not Shown Under Order XLI Rule 17 CPC.

14 Nov 2014

The appellants, original defendants in a suit for damages, filed Regular Civil Appeal against the decree granting damages to the respondents. During t...

High Court

High Court of Karnataka Allows Appeal in Injunction Dispute Over Possession of Properties — Sets Aside Trial Court Order for Non-Compliance with Order XXXIX Rule 3 CPC. Failure to Record Reasons for Dispensing with Notice Renders Ex Parte Injunction Void.

21 Apr 2025

The appellant, Mr. Srinivas Adhikeshavulu Dalvai, was the defendant in a suit filed by M/s Anushka Constructions Pvt Ltd (the respondent/plaintiff) in...

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