Search Results for "Civil Procedure Code, 1908"

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Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Dismisses Challenge to Section 515A of Mumbai Municipal Corporation Act, 1888 Barring Civil Suits Against Demolition Orders. Provision held constitutionally valid as it does not oust writ jurisdiction and provides adequate alternative remedy.

17 Jul 2013

The petitioner, Abdul Razzaq Sunesra, challenged the constitutional validity of Section 515A of the Mumbai Municipal Corporation Act, 1888, inserted b...

High Court

High Court of Gujarat Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Does Not Confer Ownership; Plaintiff Failed to Prove Payment of Consideration and Possession.

12 Mar 2026

The appellant, original plaintiff, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

High Court

Bombay High Court Dismisses PIL Challenging Definition of Loan Under Maharashtra Money-Lending Act. Classification Between Interest-Free Advances and Loans at Interest Held Not Arbitrary Under Article 14.

11 Dec 2019

The petitioner, Fauzan Shaikh, filed a Public Interest Litigation before the Bombay High Court challenging the constitutional validity of clauses (j) ...

High Court

Bombay High Court Dismisses Second Appeal by Temple Trust in Suit for Accounts Against Forest Department — Limitation Bar and Lack of Evidence of Entitlement to Profits. Suit for accounts filed in 1995 claiming profits from 1943 held barred by limitation under Article 113 of Limitation Act, 1963, and appellants failed to prove entitlement to 50% of forest revenue.

22 Mar 2016

The appellants, Shri Kshetra Mahableshwar Devasthan Trust and its trustees, filed a second appeal under Section 100 of the Code of Civil Procedure, 19...

High Court

High Court of Karnataka Allows Appeal by Minor Defendants in Declaration Suit — Remands for Fresh Trial Due to Inadequate Representation. The decree for declaration and permanent injunction was set aside as the minor defendants were not properly represented by their natural guardian under Order 41 Rule 1 CPC.

10 Jul 2018

The Regular First Appeal No.1484/2003 was filed by the defendants (minors represented by their mother) against the judgment and decree dated 14.08.200...

High Court

High Court of Karnataka Allows Regular First Appeals in Property Suit — Decree of Trial Court Set Aside for Non-Joinder of Necessary Parties. Suit for Partition and Separate Possession Held Not Maintainable Without Impleading All Co-Sharers Under Order 1 Rule 9 of CPC, 1908.

29 Jun 2016

The judgment pertains to two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

High Court

Bombay High Court Allows Second Appeal in Suit for Possession and Mesne Profits — Decrees Suit for Possession of Agricultural Land Based on Prior Possession and Title. Held that the plaintiff's possession within 12 years prior to suit was sufficient to maintain ejectment against trespassers under Section 6 of the Specific Relief Act, 1963.

30 Nov -0001

The appellant/plaintiff, Thakurjee Deosthan, through its adopted son Saratchandra, filed a suit for possession and mesne profits against the responden...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Court held that no substantial question of law arose for interference under Section 100 of the Code of Civil Procedure, 1908.

30 Nov -0001

The case is a second appeal arising from a suit for partition and separate possession filed by the original plaintiffs (respondents) against the origi...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order 7 Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order 7 Rule 11(d) CPC if it discloses a cause of action, even if the claim may be weak or unlikely to succeed.

31 Aug 2021

The present Civil Revision Petition was filed by the defendant No.4 in O.S.No.238/2017, a suit for declaration and perpetual injunction instituted by ...

High Court

Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Summary Suit — Arbitration Clause in MOU Survives Filing of Civil Suit Under Order XXXVII CPC. The court held that the mere filing of a summary suit does not bar the invocation of the arbitration clause, and the arbitrator can decide all disputes including allegations of coercion.

17 Mar 2017

The Petitioner, Cogent Enterprises Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ap...

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