Search Results for "Civil Procedure Code, 1908"

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CIVIL APPELLATE JURISDICTION

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Bombay High Court Dismisses Husband's Petition to Stay Nullity Proceedings in Family Court — Stay of Civil Proceedings Not Automatic Despite Pending Criminal Case. The court held that mere embarrassment is not sufficient to stay civil proceedings; the petitioner must show serious prejudice.

The petitioner-husband filed a writ petition challenging the order of the Family Court, Pune dated 4 June 2016, which rejected his application under S...

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Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With. Court held that the second appellate court cannot reappreciate evidence and interfere with concurrent findings of fact unless perverse or based on no evidence.

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court which reversed the tri...

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Supreme Court Dismisses Appeal in Industrial Dispute, Upholding High Court's Finding of Civil Court's Lack of Jurisdiction. Civil Court Lacks Jurisdiction to Entertain Suits Founded on Provisions of the Industrial Disputes Act, 1947, Rendering Such Decrees a Nullity.

The dispute originated from the termination of a daily wage employee by the Himachal Pradesh State Electricity Board on 1.1.1985. The employee filed C...

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Supreme Court Hears Appeal Against High Court's Reversal of First Appellate Court's Decree for Specific Performance of Agreement for Sale. High Court Had Directed Refund of Earnest Money Instead of Specific Performance, Holding That Appellant Failed to Prove Readiness and Willingness.

The litigation arose from an agreement for sale dated 08.01.2010, whereby the defendants agreed to sell two items of immovable property to the appella...