Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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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

High Court of Karnataka Allows Appeal in Partition Suit Due to Non-Service of Summons on Defendants, Remands Matter for Fresh Trial. Ex-parte decree set aside as trial court failed to ensure proper service, violating principles of natural justice under Section 96 CPC.

12 Mar 2024

The appellants, who were defendants 1 to 6 in the original suit, filed this appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Pro...

High Court

High Court of Karnataka Allows Revision Petition in Probate Matter — Court Holds That Objector Has No Locus Standi to Challenge Probate Without Caveat or Prior Interest. Section 283 of Indian Succession Act, 1925 Requires Citation to All Persons Claiming Interest; Failure to File Caveat or Enter Caveat Precludes Right to Object.

18 Dec 2020

The case involves a civil revision petition filed by the petitioners (respondents in the lower court) against an order dated 10.03.2015 passed by the ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction — Limitation is a Mixed Question of Law and Facts Not Decided at Threshold Under Order VII Rule 11 CPC.

21 Feb 2014

The present civil revision application was filed by the original defendant No.1 in Regular Civil Suit No.1600/2012 pending before the 16th Civil Judge...

Supreme Court

Supreme Court Allows Appeal in Property Dispute, Reverses High Court's Dismissal of Second Appeal Under Section 100 CPC. The High Court's failure to frame a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908, rendered its judgment unsustainable, leading to remand for fresh consideration.

23 Apr 2025

The appeal arose from a property dispute involving cancellation of sale deeds, recovery of possession, and injunction. The appellants, second to fifth...

High Court

Bombay High Court Division Bench Answers Referred Questions on Adequacy of Protection Under Section 52 of Transfer of Property Act and Grant of Interim Injunctions. The Court Examined Whether Section 52 TP Act Provides Sufficient Safeguard to Deny Injunction Pendente Lite and the Role of Notice Registration Under Section 18 of the Indian Registration Act.

4 Oct 2016

The appeal arose from an order of the Trial Court rejecting the appellant's application for temporary injunction in a suit for specific performance of...

High Court

Full Bench of Bombay High Court Clarifies Maintainability of Civil Suits and Jurisdiction of School Tribunal under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Reference Addresses Implied Bar on Civil Court Jurisdiction Over Matters Appealable to Tribunal and Related Questions on Approval of Appointments.

18 Dec 2006

The reference to the Full Bench of the Bombay High Court arose from Second Appeal No. 533 of 2001 concerning an employment dispute between a private s...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

High Court

High Court of Karnataka Dismisses Writ Petition Under Article 227 of Constitution of India as Alternative Remedy Available Under Commercial Courts Act, 2015. Order Rejecting Plaint in Commercial Suit Amounts to Decree Under Section 2(2) of Code of Civil Procedure, 1908, Making Appeal Maintainable Under Section 13(1A) of Commercial Courts Act, 2015 to Commercial Appellate Division of High Court.

10 Mar 2026

The dispute arose from a writ petition filed under Article 227 of the Constitution of India by a plaintiff, seeking to quash an order dated 03-02-2026...

High Court

Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

4 Oct 2012

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

High Court

Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

2 May 2019

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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