Search Results for "Section 105 CPC"

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Search Results for "Section 105 CPC"

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High Court

High Court of Bombay Quashes Restoration of Execution Proceedings Allowed by Trial Court Under Section 151 CPC. Execution proceedings dismissed for non-prosecution in 1991 restored in 2003 after four-year delay without condonation; court holds inherent powers cannot be exercised when specific provisions under Order 21 Rules 105 and 106 exist and period of limitation has expired.

20 Oct 2010

The High Court of Bombay at Aurangabad dealt with two civil revision applications filed by the judgment debtors challenging an order of the Civil Judg...

Supreme Court

Supreme Court Allows Appeals in Land Acquisition Matter — Assessment of Compensation and Allied Issues. Dispute Involves Quantum of Compensation and Locus Standi of Acquiring Body Under Land Acquisition Act, 1894.

1 Jan 2026

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High Court

Bombay High Court Allows Second Appeal, Sets Aside Appellate Decree, and Remands Suit for Fresh Trial Due to Erroneous Rejection of Adjournment and Unexplained Delay in Pronouncing Judgment. Denial of Opportunity to Lead Evidence and Non-Compliance with Section 105 CPC Requirements on Challenging Interlocutory Orders Vitiate the Appellate Judgment.

20 Mar 2014

Second Appeals Nos. 340 and 356 of 1999 arose from the judgment and decree of the District Judge, Akola, in Regular Civil Appeal No. 132 of 1988, whic...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Family Court Order Striking Defence as Res Judicata in Divorce Case. Defence raised in divorce proceedings held barred by principles of res judicata due to prior decree in suit for declaration of marriage registration as null and void under Section 11 CPC.

16 Sep 2014

The petitioner, Sri Vijay N., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 29.10.2013 pas...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

High Court of Bombay at Goa Dismisses Petitioners' Challenge to Homologation of Partition in Inventory Proceedings. Failure to Appeal Rejection of Objections to Auction Bid by Power of Attorney Renders Order Final, Precluding Challenge at Final Homologation Stage.

12 Aug 2013

The dispute arose out of inventory proceedings initiated upon the death of Paulo Bartholomeu Mendes, in which the petitioners claimed an interest thro...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

Supreme Court

Supreme Court Allows Appeal in Arbitration Jurisdiction Dispute — Venue Designation as Bhubaneswar Constitutes Exclusive Seat for Supervisory Court. Madras High Court Erred in Assuming Jurisdiction Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Parties' Agreement Fixing Bhubaneswar as Venue/Seat.

1 Jan 2019

The appeal arose from a dispute between Brahmani River Pellets Limited (appellant) and Kamachi Industries Limited (respondent) concerning a contract f...

High Court

Bombay High Court at Goa Allows Second Appeal in Property Partition Suit — Reverses First Appellate Court's Decree and Restores Trial Court's Dismissal. The Court held that the first appellate court failed to frame proper points for determination under Order 41 Rule 31 CPC, and its judgment was perverse and not based on evidence.

16 Jul 2026

The case involves a property dispute among siblings over ancestral property in Campal, Panaji, Goa. The original plaintiffs (respondents) filed a suit...

High Court

KAHC010872812010_1

6 Jun 2013

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