Search Results for "CPC amendment 1976"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "CPC amendment 1976"

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High Court

High Court of Karnataka Allows Petitioner to File Written Statement Beyond 90 Days in Partition Suit. Order VIII Rule 1 CPC Held Directory, Not Mandatory — Trial Court's Rejection Quashed on Payment of Costs.

8 Jul 2026

The petitioner, Sri S. Indushekhar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25/11/202...

Supreme Court

Supreme Court Allows Appeal in Partition Suit: High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence. The Court restored concurrent findings of trial court and first appellate court dismissing suits for partition and injunction.

1 May 2019

The Supreme Court considered appeals against a common judgment of the Madras High Court which, in exercise of its second appellate jurisdiction under ...

High Court

High Court of Karnataka Quashes Ex Parte Injunction Order for Non-Compliance with Order 39 Rule 3 CPC — Trial Court Failed to Record Reasons or Issue Notice to Defendants Before Granting Temporary Injunction.

26 Mar 2014

The petitioners, who were defendants in a civil suit (O.S. No. 115/2011) pending before the Civil Judge (Jr. Dn.) and JMFC, Nagamangala, challenged an...

High Court

Bombay High Court Dismisses Tenants' Petition Against Dismissal of Application to Set Aside Decree in Eviction Suit. Decree Passed Not Ex-Parte but Under Order XVII Rule 2 CPC, as Defendants Had Appeared Earlier and Failed to Appear at Subsequent Hearings Without Sufficient Cause.

17 Nov 2025

The dispute arose from an eviction suit filed by Kshtriya Dnyati Sabha, a registered public trust under the Bombay Public Trust Act, 1950, against the...

Supreme Court

Supreme Court Allows Appeals in Land Acquisition Matter — Assessment of Compensation and Allied Issues. Dispute Involves Quantum of Compensation and Locus Standi of Acquiring Body Under Land Acquisition Act, 1894.

1 Jan 2026

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High Court

High Court of Karnataka Allows Appeal Against Setting Aside of Ex Parte Decree in Gift Deed Cancellation Suit. Order IX Rule 13 CPC Petition Filed Beyond Limitation Without Sufficient Cause Cannot Be Entertained.

18 Dec 2013

The appellant, B.A. Viswanath, filed a suit (O.S.2699/2004) against the respondent, Smt. Govindamma, seeking declaration and cancellation of a gift de...

Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

High Court

Bombay High Court Partially Allows Writ Petition in Summary Suit Leave to Defend Case — Condition of 25% Deposit Reduced to 10%. The court held that where triable issues are raised, leave to defend should ordinarily be unconditional, and a condition of deposit should only be imposed in exceptional circumstances.

2 Aug 2023

The case involves a dispute between real brothers over a summary suit filed by the respondent (Akhtar Parvez Maimoon) against the petitioners (AMA Ind...

Supreme Court

Supreme Court Allows Review Applications in Land Acquisition Cases Based on Overruled Precedent. Court held review maintainable under Article 137 of Constitution of India as subsequent Constitution Bench decision in Indore Development Authority overruled earlier Pune Municipal Corporation decision, altering law and providing sufficient reason for review, with matters restored for fresh consideration on merits.

17 Mar 2023

The Supreme Court dealt with a group of review applications filed by the Government of NCT of Delhi and Delhi Development Authority under Article 137 ...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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