Search Results for "Order XXXIX CPC"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Order XXXIX CPC"

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Supreme Court

Supreme Court Sets Aside Contempt Conviction of Purchaser in Specific Performance Suit — Lack of Knowledge of Injunction and Vendor's Acquittal Lead to Acquittal. Purchaser Cannot Be Held in Contempt When Vendor Exonerated and No Evidence of Knowledge of Interim Order Under Order XXXIX Rule 2(a) CPC.

22 Jan 2019

The Supreme Court allowed an appeal against a High Court order affirming the Executing Court's finding of contempt against the appellant, Ramasamy, fo...

High Court

Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

3 Mar 2026

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control and Municipal Demolition Case, Upholding Tenant's Statutory Protection and Damages Award. The Court affirmed that statutory protection under the Karnataka Rent Control Act, 1961 overrides municipal demolition powers under the Karnataka Municipal Corporations Act, 1976, and that the tenant's suit for damages was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908.

14 Sep 2021

The dispute originated from the demolition of a rented building by the Bangalore City Corporation, leading to litigation between the tenant and the la...

High Court

Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

27 Apr 2018

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

High Court

High Court of Bombay at Goa Allows Extension of Time to File Written Statement in Motor Accident Claim Petition — Order 8 Rule 1 CPC Not Applicable. The court held that Rule 300 of the Goa Motor Vehicles Rules, 1991 does not include Order 8 Rule 1 CPC, and the Tribunal has discretion to extend time for filing written statement under Rule 292.

12 Jan 2012

The petitioner, Mr. Braz Dias, filed a writ petition challenging an order of the Motor Accident Claims Tribunal, Margao, which rejected his applicatio...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a suit for specific performance of an agreement to sell is not barred by limitation when the agreement is undated and the plaintiff alleges continuous readiness and willingness.

20 Aug 2011

The appellant, Sunil Agrawal, filed Special Civil Suit No. 510 of 2010 in the court of Civil Judge, Senior Division, Aurangabad, seeking specific perf...

High Court

High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act

12 Jan 2026

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz ...

High Court

High Court of Karnataka Dismisses Revision Petition in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the trial court's findings on the existence of joint family property and the share of each party were based on proper appreciation of evidence and did not warrant interference under Section 115 of CPC.

5 Dec 2025

The case arises from a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC), against the judgment and decree dat...

High Court

High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

3 Aug 2019

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

High Court

High Court of Karnataka Allows Writ Appeal in Municipal Tax Revision Case — Notice Set Aside for Non-Compliance with Section 147 of Karnataka Municipalities Act, 1964. The court held that the Commissioner's notice revising property tax was invalid as it failed to provide a mandatory opportunity of hearing to the petitioner before revision.

12 Feb 2020

The appellant, Smt. R. Sharada, filed a writ appeal against the order of a learned Single Judge dismissing her writ petition challenging a notice date...

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