Search Results for "Article 227 CPC"

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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...
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Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
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Search Results for "Article 227 CPC"

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High Court

Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

17 Jul 2026

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

High Court

High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

17 Jul 2026

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

High Court

Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Bona Fide Requirement of Landlord's Heirs Considered Despite Death of Original Plaintiff. The Court held that the Appellate Bench of Small Causes Court correctly reversed the Trial Court's dismissal and decreed eviction on ground of bona fide requirement, as the need of the landlord's family continued through his legal heirs.

25 Oct 2024

The case involves a landlord-tenant dispute over a shop premises in Mumbai. The original plaintiff, Shamrao Dinanath Bhatte, was the tenant of Shop No...

High Court

Bombay High Court Allows Writ Petition Seeking Refund of Court Fees After Debts Recovery Tribunal Returned Application for Lack of Jurisdiction. Cooperative Bank's Recovery Proceeding Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Was Not Maintainable Before DRT, and High Court Directed Refund of Entire Court Fees Under Inherent Powers as No Adjudication on Merits Occurred.

21 Feb 2020

The first petitioner, Nagpur District Central Cooperative Bank Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act,...

High Court

High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Suit for Declaration and Injunction. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Civil Suit Where No Allegation of Land Grabbing is Made in Plaint.

14 Mar 2019

The petitioner, Joseph Saldhana, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30.10.2018 passed by...

High Court

High Court of Karnataka Quashes Impounding Order in Specific Performance Suit — Stamp Duty and Penalty Cannot Be Levied Without Proper Enquiry Under Section 37 of Karnataka Stamp Act, 1957. The court held that before impounding an unstamped document, the trial court must conduct an enquiry to determine the proper stamp duty and penalty, and the order impounding without such enquiry is illegal.

29 Jun 2015

The petitioners, as plaintiffs, filed a suit for specific performance of a contract based on an agreement of sale dated 25.4.2006 executed by the dece...

High Court

Karnataka High Court Upholds Admission of Insufficiently Stamped Document for Collateral Purpose in Suit for Recovery of Possession — Document Admissible Under Section 35 of Karnataka Stamp Act, 1957 for Collateral Purpose of Contract.

20 Mar 2014

The plaintiff filed a suit for recovery of possession claiming absolute ownership of the property. The defendant contended that the property belonged ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Stamp Duty in Specific Performance Suit — Agreement of Sale with Possession Clause Requires Proper Adjudication Under Section 34A of Karnataka Stamp Act, 1957. The trial court's order directing payment of deficit stamp duty without first impounding the document was set aside and the matter remitted for fresh consideration.

20 Mar 2014

The petitioners, who were the 1st defendant in a suit for specific performance, challenged the trial court's order dated 08.06.2012 in O.S.No.26784/20...

High Court

Bombay High Court Allows Appeal in Section 138 NI Act Jurisdiction Dispute — Complaint Maintainable at Place of Payee's Bank. Territorial jurisdiction for dishonour of cheque lies where the payee's bank is located, as presentation and dishonour occur there under Section 178(d) CrPC.

29 Aug 2011

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881, concerning territorial jurisdiction. The appellant, Cro...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Petitioner Failed to Show Jurisdictional Error or Violation of Natural Justice. The court held that the petitioner had an alternative remedy of appeal under Section 18 of the SARFAESI Act, 2002, and no exceptional grounds were made out for interference under Article 226.

30 Nov -0001

The petitioner, Phoenix ARC Private Limited, a company registered under the Companies Act, 1956, acting as a trust, filed two writ petitions under Art...

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