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...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

High Court of Karnataka Allows Land Acquisition Reference Petitions, Holding That Dismissal for Non-Prosecution Without Considering Merits Is Not Permissible Under Section 18(1) of the Land Acquisition Act, 1894. The Civil Court Has Inherent Power to Restore Such References Under Section 151 CPC.

29 Mar 2016

The judgment concerns multiple civil revision petitions filed by landowners (petitioners) against orders of the Senior Civil Judge at Koppal dismissin...

High Court

Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

High Court

Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

11 Oct 2013

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

High Court

Bombay High Court Dismisses Summary Judgment Application by ITC in Copyright and Passing Off Suit — Plaintiff's Claims Not Frivolous or Vexatious, Require Trial. The court held that the test for summary judgment under Order XIII-A CPC is stringent and that triable issues existed regarding copyright subsistence and passing off.

11 Jan 2022

The present Interim Application was filed by the Defendant, Indian Tobacco Company (ITC), seeking dismissal of the Plaintiff's claims for copyright in...

High Court

Bombay High Court Dismisses Petition for Impleadment in Specific Performance Suit — Petitioners Not Necessary or Proper Parties Under Order I Rule 10(2) CPC. Leasehold Rights Acquired Pending Suit Are Subject to Lis Pendens and Do Not Entitle Impleadment.

18 Jul 2019

The petitioners, Sandeep Ramesh Solanki and others, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 1...

High Court

High Court of Karnataka Allows Revision Petition in Execution Case — Order Dismissing Section 47 Application Set Aside. Execution Court's Failure to Consider Objections Regarding Arbitral Award's Enforceability Constitutes Jurisdictional Error Under Section 115 CPC.

22 Mar 2024

The present Civil Revision Petition was filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 19.03.2022 passed by...

High Court

Bombay High Court Dismisses Civil Revision Application Challenging Order Granting Liberty to Withdraw Suit and File Arbitration. Arbitration Agreement Enforceable Despite Unregistered Partnership Firm Under Section 69 of Partnership Act, 1932.

23 Oct 2018

The case involves a civil revision application filed by the applicant (original defendant) under Section 115 of the Code of Civil Procedure, 1908, cha...

High Court

NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

27 Feb 2019

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High Court

Bombay High Court Holds That Section 17(1) Proviso of Provincial Small Cause Courts Act, 1887 Applies to Suits Under Section 33(1) of Maharashtra Rent Control Act, 1999 Even When Tried by Civil Judge Junior Division or Senior Division. The Court clarifies that the requirement of depositing rent or compensation at the first hearing is mandatory and not directory, and failure to comply results in striking off defence.

27 Jun 2022

The case involves a writ petition before the Bombay High Court, Nagpur Bench, concerning the interpretation of Section 33(1) of the Maharashtra Rent C...

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