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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Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

16 Oct 2025

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...

High Court

Bombay High Court Allows Second Appeal in Rectification of Sale Deed Case — Directs Execution of Rectification Deed for Survey Number Correction. Court holds that a suit for rectification of a registered sale deed is maintainable even after 20 years, as the mistake was discovered only upon mutation application, and the defendants failed to specifically deny the claim.

5 Oct 2023

The plaintiff purchased a property measuring 520 sq. mtrs. vide registered sale deed dated 26.12.1977 from defendants no.1 and 3 to 6. The suit proper...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Not Applicable When Subsequent Suit Relates to Different Property. Decree Holders' Right to Possession Upheld as Judgment Debtor's Application for Stay Was Based on a Suit Involving Different Subject Matter, Constituting Abuse of Process.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession and mesne profits in O.S. No. 3/1971 (later renumbered O.S. No. 79/2003) against the...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

High Court

Bombay High Court Considers Writ Petition Challenging Rejection of Stay Application Under Section 10 CPC in Commercial Suit — Decision Not Provided in Extracted Text. The court examined whether proceedings before Company Law Board and pending SLPs constitute a previously instituted suit for stay of commercial recovery suit.

21 Sep 2021

The writ petition arose from an order passed below Exhibit-144 in Special (Commercial) Civil Suit No.23/2017 (earlier S.C.S. No.422/2003) rejecting th...

High Court

Gujarat High Court Allows Civil Revision Application, Rejects Plaint as Barred by Limitation and Without Cause of Action in Suit Challenging Sale Deed After Nine Years. The court held that a suit filed nine years after the execution of a sale deed is ex facie barred by limitation under Article 58 of the Limitation Act, 1963, and the plaint must be rejected under Order VII Rule 11 CPC.

12 Jan 2026

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, was filed by the applicant, Casme Industrial Park Devel...

High Court

Bombay High Court Dismisses Tenants' Petitions Challenging Eviction Decree in Suit for Possession Based on Lease Termination. Concurrent Findings of Fact Upheld as No Substantial Question of Law Under Section 115 CPC Arises.

16 Jun 2016

The judgment pertains to three writ petitions filed by tenants (M/s Spring Fresh Drinks Pvt. Ltd., M/s Raskunj, and M/s Kale Gas Company) against the ...

High Court

Karnataka High Court Holds Petition Under Section 482 CrPC Maintainable for In-Laws in Domestic Violence Act Case — No Order Passed by Magistrate, Hence Section 29 Appeal Not Available. In-Laws, Including Senior Citizens and Brother-in-Law, Allowed to Seek Quashing as Proceedings Under Section 12 of Protection of Women from Domestic Violence Act, 2005, Could Be Tested Under Inherent Jurisdiction.

28 Jun 2024

The matter arose from proceedings initiated by the respondent wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 agains...

High Court

Bombay High Court Dismisses Plaintiff's Revision Against Rejection of Decree on Admission in Property Dispute. Court Finds No Clear Admission of Title by Defendants in Previous Counter-Claims, Upholding Trial Court's Order Under Order XII Rule 6 CPC.

13 Jun 2024

The Bombay High Court dismissed a Civil Revision Application filed by the Plaintiff challenging the Trial Court's order rejecting his application for ...

High Court

Bombay High Court Upholds Civil Detention for Breach of Injunction in Property Dispute — Appellants Found Guilty of Willful Disobedience of Court Order Dated 27th November 1997. The court confirmed the order of civil detention for two months under Order 39 Rule 2A of the Code of Civil Procedure, 1908 for breach of an injunction.

4 Apr 2005

The case arises from an appeal against a judgment and order dated 12th April 1999 by which the appellants were held guilty of breach of an injunction ...

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