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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Search Results for "notice under CPC"

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High Court

Bombay High Court Allows Application for Dismissal of Election Petition for Non-Disclosure of Cause of Action — Alleged Defects in Nomination Papers Not Substantial Under Representation of the People Act, 1951. Court held that failure to plead material facts and material effect on election result warrants rejection under Order VII Rule 11 CPC.

15 Oct 2024

The present application was filed by the returned candidate, Anil Yeshwant Desai, who was Respondent No.1 in the Election Petition, seeking dismissal ...

High Court

Bombay High Court Dismisses Petition Challenging Provisional Attachment Order Under PMLA — Upholds Validity of Section 5(1) Attachment Without Prior Show Cause Notice. Court holds that provisional attachment under Section 5(1) of PMLA is an interim measure and does not require prior hearing, as the Act provides for post-decisional hearing under Section 8.

24 Nov 2025

The petitioners, Mr. Naresh T. Jain and two companies, challenged a provisional attachment order dated 30th September 2021 passed by the Director of E...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Cancellation of Release Deed — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC as Cause of Action Disclosed. Allegations of Fraud and Misrepresentation in Obtaining Release Deed Constitute a Valid Cause of Action, and the Court Cannot Look into Defense at the Stage of Order VII Rule 11 CPC.

23 Jun 2023

The case arises from a civil suit filed by the plaintiff (respondent herein) seeking cancellation of a registered release deed dated 01.07.2019, alleg...

High Court

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Limitation and Res Judicata Cannot Be Decided Under Order 7 Rule 11 CPC Without Trial

6 Mar 2015

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

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

28 Feb 2020

The Regular Second Appeal was filed by the legal representatives of the original plaintiff, Alisab, against the judgment and decree dated 03.01.2006 p...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

27 Aug 2021

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Award in Commodity Brokerage Dispute — Upholds Award of Damages for Unauthorized Trades and Deficiency in Service. The Court held that the arbitrator's findings on breach of contract and negligence were not perverse and did not warrant interference under Section 37 of the Arbitration and Conciliation Act, 1996.

30 Dec 2020

The case involves appeals filed by IFIN Commodities Limited (the appellant-broker) against an arbitral award that had been upheld by a Single Judge un...

Supreme Court

Supreme Court Dismisses Appeal in Limitation Dispute Over Alternative Plot Allotment. Concurrent Findings on Time-Barred Declaratory Suit Upheld Under Article 136 of Constitution, Applying Limitation Act 1963 Provisions to Determine Starting Point of Limitation.

29 Sep 2022

The appeal arose from a civil suit filed by the appellants seeking declaratory reliefs regarding ownership of an alternative residential plot allotted...

High Court

High Court of Karnataka Allows Appeal in Rent Control Matter — First Appellate Court Exceeded Jurisdiction Under Section 43 Rule 1(u) CPC by Remanding Suit Without Framing Substantial Question of Law. The High Court held that the First Appellate Court cannot reverse a trial court decree and remand the suit without framing a substantial question of law as mandated by Section 43 Rule 1(u) CPC.

17 Jun 2025

The appellant, Mustaf s/o Goususab Halagali @ Holageri, was the defendant in O.S.No.142/2014 filed by the respondent, Gangadhar s/o Channamallappa Jad...

High Court

Bombay High Court Allows Chamber Summons for Disclosure of Assets in Execution of Arbitral Award - Judgment Creditor Entitled to Examine Judgment Debtor's Guardian Under Order 21 Rule 41 CPC. Court directs guardian of lunatic judgment debtor to disclose assets and produce documents but declines arrest at this stage.

6 Sep 2013

The applicants, M/s. LA'Builde Associates, a partnership firm, were judgment creditors under an arbitral award dated 22nd April 2004 passed by sole ar...

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