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 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.

30 Nov -0001

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...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

High Court

CIVIL APPELLATE JURISDICTION

1 Jan 1970

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High Court

High Court of Karnataka Allows Writ Petition by Government Corporation Against BBMP in Property Tax Dispute — Civil Court Order Set Aside for Lack of Jurisdiction Under Section 147 of Karnataka Municipal Corporations Act, 1976. The Court Held That the Civil Court Cannot Entertain Suits Challenging Tax Assessments as the Act Provides a Complete Code Including Appeal Mechanism.

28 Aug 2023

The petitioner, Karnataka Silk Industries Corporation Ltd, a Government of Karnataka enterprise, filed a writ petition under Articles 226 and 227 of t...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Over Ex Parte Decree and Demolition Order, Remands for Fresh Adjudication. The court held that a defendant appealing under Section 96 of the Code of Civil Procedure, 1908, without filing an application under Order IX Rule 13, can challenge the ex parte decree on grounds of improper service of summons or illegality of ex parte proceedings based on the suit record, as per Section 105.

6 Sep 2022

The dispute arose from a civil suit filed by the first respondent-plaintiff in the City Civil Court at Bangalore, seeking a declaration of ownership o...

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

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 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...

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