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 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...

High Court

Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Limitation Grounds. Court Holds That the Arbitrator's Finding on Limitation Was Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

21 Sep 2018

The appeal arises from an order of a learned Single Judge of the Bombay High Court setting aside an arbitral award under Section 34 of the Arbitration...

High Court

High Court of Karnataka Hears Multiple Regular First Appeals Against Dismissal of Partition Suit in O.S. No. 1949/80. Appeals Filed Under Section 96 of Code of Civil Procedure, 1908, Challenging Trial Court's Rejection of Claim for Partition and Separate Possession.

1 Mar 2013

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High Court

Bombay High Court Dismisses Petitioner's Challenge to Amendment of Notice of Motion Date; Holds Error Clerical and Permissible Under CPC Sections 153 and 151. Court found that change of date from 4th September 2016 to 2nd November 2016 in prayer clause (c) of Notice of Motion did not alter the nature of relief and was merely correction of typographical error, causing no prejudice to defendants.

17 Oct 2019

(1) Background: The dispute arises from the removal of respondent No.1, a trustee and employee of Balmohan Vidyamandir Trust, by two resolutions dated...

Supreme Court

Supreme Court Dismisses State's Appeal in Adverse Possession Case, Upholds Plaintiffs' Right to Possession. State Cannot Claim Adverse Possession Against Private Citizens; Implied Admission of Title by Pleading Adverse Possession Under Order VIII Rule 5 CPC.

1 Jan 2024

The dispute pertains to a piece of land measuring 18 Biswas Pukhta comprised in Khasra No. 2348 and Khasra No. 2458, situated in Bahadurgarh, Haryana,...

High Court

Bombay High Court Dismisses Civil Revision Application in Property Dispute — Concurrent Findings of Fact Cannot Be Interfered With Under Section 115 CPC. The court held that the revisional court cannot re-appreciate evidence or substitute its own findings when the lower courts have concurrently found that the plaintiff failed to prove title and possession.

30 Nov -0001

The case involves a civil revision application arising from a suit for declaration of title and possession. The plaintiff claimed ownership of a prope...

High Court

Gujarat High Court Dismisses Revision Against Possession Warrant Under Presidency Small Cause Courts Act, 1882 — Licensee's Alternative Accommodation Irrelevant. Court holds that summary remedy under Section 41 is available to licensor upon revocation of license, and pendency of civil suit or licensee's other property does not affect the right to possession.

21 Jan 2026

The case involves a revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Pradipkumar Gordhandas Patel (revisionist) a...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. No substantial question of law arises under Section 100 CPC as findings are based on evidence and not perverse.

30 Nov -0001

The judgment involves four second appeals arising from a property dispute between Arun s/o Narayanrao Kale (original plaintiff) and the legal represen...

High Court

Bombay High Court Passes Judgment on Interim Application and Contempt Petition Arising from Alleged Violation of Injunction in Trademark Suit. Petitioners Allege Wilful Disobedience of Order Restraining Use of 'Khadi' Mark and Association Name.

7 Aug 2026

The dispute concerned an application under Order XXXIX, Rule 2A of the Code of Civil Procedure, 1908 and a contempt petition arising from alleged wilf...

High Court

Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

19 Dec 2005

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

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