Search Results for "CPC Section 100"

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Gujarat High Court Dismisses Second Appeal in Trust Land Exchange Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Oral Exchange Agreement from 1956 Not Proved; Possession Not Established; Suit for Declaration and Injunction Dismissed.

The appellant, Shree Nootan Kelavani Mandal, a trust registered under the Bombay Public Trust Act, 1950, filed a Second Appeal under Section 100 of th...

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Supreme Court Allows Appeal by Insolvency and Bankruptcy Board of India in Jurisdictional Dispute Over Trial of IBC Offences. Held that Reference to Special Court under Chapter XXVIII of Companies Act, 2013 in Section 236(1) IBC is Legislation by Incorporation, Not Affected by Subsequent Amendment.

The appeal arises from a challenge by the Insolvency and Bankruptcy Board of India (IBBI) against the judgment of the Bombay High Court quashing the o...

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

The appellant, Sri B.N. Devaraju, filed a second appeal before the Karnataka High Court against the concurrent judgments of the trial court and the fi...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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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.

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

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Supreme Court Restores Concurrent Findings of Fact in Property Dispute, Sets Aside High Court's Interference Under Section 100 CPC. High Court Exceeded Jurisdiction by Reappreciating Evidence and Holding Unregistered Partition List Inadmissible Without Considering Collateral Use.

The Supreme Court allowed the appeal filed by the original defendants, setting aside the High Court's judgment and restoring the concurrent findings o...