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Madras High Court Modifies Onerous Cost Condition for Setting Aside Exparte Order in Execution Proceedings — Cost Reduced from Rs.2,00,000 to Rs.25,000. Courts must not impose excessive costs without special circumstances, especially when decree holder has no objection.

The petitioners, Baskaran and Thamaraiselvi, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging a doc...

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Madras High Court Allows Writ of Mandamus for Patta Issuance Based on Civil Court Decree — Ex Parte Decree Not Set Aside Attains Finality, Respondents Directed to Consider Representation Within Six Weeks.

The petitioner, B. Ganesan, a senior citizen aged about 74 years, filed a writ petition under Article 226 of the Constitution of India seeking a writ ...

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Bombay High Court Dismisses Wife's Second Appeal Against Refusal to Condon Delay in Challenging Divorce Decree — Remarriage of Husband After Expiry of Limitation Period Renders Appeal Infructuous Under Section 15 of Hindu Marriage Act, 1955.

The present second appeal was filed by the appellant/wife against the judgment and order dated 15/09/2021 passed by the learned District Judge-10, Aur...

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Karnataka High Court Dismisses Insurance Company's Appeal and Enhances Motor Accident Compensation Under Order XLI Rule 33 CPC. Death Caused Due to Strangulation by Tractor Machinery; Court Holds Accident Proven and Awards Just Compensation.

The appeal was filed by New India Assurance Company Limited against the judgment and award dated 02.01.2012 passed by the Principal Senior Civil Judge...

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Karnataka High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court holds that no substantial question of law arises when both lower courts have concurrently found that the plaintiffs failed to prove title and possession.

The appellants, who were the plaintiffs in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challengin...

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction. First Appellate Court Exceeded Its Powers Under Order 41 Rule 23 CPC by Remanding Suit Without Satisfying Conditions for Remand.

The appellants, as plaintiffs, filed a suit for declaration of ownership, possession, and permanent injunction in respect of suit schedule property. T...