Search Results for "Civil Procedure Code, 1908"

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Supreme Court Dismisses Appeal on Customary Law Succession; Property Inherited from Maternal Grandfather Held Not Ancestral. Punjab Customary Law Declares That a Hindu Male’s Inheritance from His Maternal Grandfather Is Not Ancestral Qua His Sons, and Alienation Does Not Require Legal Necessity.

The dispute concerns the nature of property inherited by a Hindu male from his maternal grandfather under the customary law prevailing in Punjab. The ...

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Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

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Supreme Court Dismisses Appeal in Limitation Dispute Under Indore Municipal Act: Special Plea of Limitation Must Be Pleaded. Dismissal Order Passed Without Jurisdiction Not Protected by Limitation Under Section 135 of Indore Municipal Act, 1909.

The dispute involved an employee of the Municipal Corporation who was dismissed from service. The employee filed a suit seeking a declaration that his...

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Bombay High Court Allows Appeal Against Rejection of Plaint in Company Fraud Case. Civil Court Jurisdiction Not Barred Under Section 10GB of Companies Act, 1956 for Fraud Allegations.

The appellants, M/s. Candolim Developers Pvt. Ltd. and its director Sunil Thukral, filed a suit before the Civil Judge Senior Division, Panaji, seekin...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Dismisses Revision in Land Acquisition Map Dispute — Civil Court Jurisdiction Upheld. The court held that a suit challenging a land acquisition map is not barred by Section 4 of the Land Acquisition Act, 1894, as the map is not an award.

The petitioner, original defendant No.7, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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Bombay High Court Dismisses Petition Challenging Permission to File Written Statement Beyond Limitation in Specific Performance Suit. Order VIII Rule 1 CPC Held Directory; Legal Representatives of Deceased Defendant Allowed to File Written Statement as No Prejudice Caused to Plaintiff.

The petitioner, Subhash Dhanraj Sankla, filed a suit for specific performance of an agreement to sell a property owned by Rhoda Phiroze Noble. The ori...