Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Civil Procedure Code, 1908"

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High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

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.

18 Nov 2019

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...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Caste Validity Suit — Limitation Period Under Article 58 Not Applicable as Suit Sought Consequential Relief. Suit for Declaration and Setting Aside of Scrutiny Committee Order Governed by Article 113 of Limitation Act, 1963, and Filed Within Time.

8 Apr 2019

The appellant, Gulab Ayubkhan Pathan, filed a suit (Special Civil Suit No.5 of 2017) before the Joint Civil Judge, Senior Division, Ahmednagar, seekin...

High Court

High Court Dismisses Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Injunction in Civil Suit, Citing Availability of Appeal Under CPC. Petitioner's Challenge to Trial Court Order Fails Due to Alternative Statutory Remedy

22 Jan 2026

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging an order dated 01.07.2022 by the Trial Court that refu...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

8 May 2026

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

High Court

High Court of Karnataka Hears Regular First Appeal Against Decree for Specific Performance of Agreement for Sale — Appeal Filed Under Section 96 CPC Challenging Findings on Readiness and Willingness and Order II Rule 2 Bar. The Appeal Raises Issues of Maintainability Under Order II Rule 2 CPC and Proof of Readiness and Willingness.

11 Aug 2023

The dispute arises from a suit for specific performance of an agreement for sale of immovable property dated 15.03.2010 filed by the respondent-plaint...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

High Court of Bombay Prima Facie Upholds Plaintiff’s Patent and Finds Infringement by Defendant in Transformer Explosion Prevention Technology Case; Interim Injunction Issued. Court Rejects Defendant’s Arguments on Invalidity and Defences, Holding That a Strong Prima Facie Case Exists Under the Patents Act, 1970.

23 Oct 2015

The dispute involved a claim of patent infringement concerning a system and method for preventing and detecting explosion and fire in electrical trans...

High Court

Bombay High Court Dismisses Petition Challenging Impleadment of Promoter in Co-operative Dispute Under Section 94(3)(c) MCS Act. Co-operative Court's Power to Implead Parties Is Not Restricted to Persons Enumerated Under Section 91(1)(a) to (e) and Includes Necessary Parties for Effective Adjudication.

8 Jul 2026

The petitioners, members of Bramha Suncity Co-operative Housing Society Ltd., filed Dispute No.106/2021 before the Co-operative Court under the Mahara...

High Court

Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

25 Jun 2015

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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