Search Results for "Civil Procedure Code, 1908"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Civil Procedure Code, 1908"

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Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control and Municipal Demolition Case, Upholding Tenant's Statutory Protection and Damages Award. The Court affirmed that statutory protection under the Karnataka Rent Control Act, 1961 overrides municipal demolition powers under the Karnataka Municipal Corporations Act, 1976, and that the tenant's suit for damages was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908.

14 Sep 2021

The dispute originated from the demolition of a rented building by the Bangalore City Corporation, leading to litigation between the tenant and the la...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree Based on Civil Death Declaration. Objections under Section 47 CPC Held Not Maintainable After Decree Attains Finality.

8 Dec 2021

The petitioners, Jaibunissa and Abdul Hamid Khan, were tenants of premises owned by Salimuiddin Khan. Salimuiddin had inducted them on a long lease. A...

High Court

Bombay High Court Allows Petitions Challenging Rejection of Plaints Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action and Barred by Limitation. Court holds that while considering an application under Order 7 Rule 11 CPC, the court must look at the plaint averments alone and cannot rely on the written statement or other documents filed by the defendant.

9 Aug 2019

The judgment involves two writ petitions arising from orders of the trial court rejecting plaints under Order 7 Rule 11 of the Code of Civil Procedure...

High Court

High Court of Karnataka Allows Writ Petition Challenging Execution of Arbitral Award Without Decree — Arbitral Award Cannot Be Executed Directly Under Section 38 CPC Without Prior Decree Under Section 36 of Arbitration Act.

13 Mar 2014

The petitioner, Sri Chandrashekhar, was the judgment debtor in execution proceedings before the Principal District and Sessions Judge, Mysore. The dec...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Amendment Sought After Trial Commenced Without Showing Due Diligence. Order VI Rule 17 CPC Proviso Bars Amendment After Trial Commences Unless Due Diligence is Shown.

22 Feb 2016

The petitioner, Chandrashekhar Pandurang Tumsare, was the defendant in a civil suit. He filed an application under Order VI Rule 17 of the Code of Civ...

Supreme Court

Supreme Court Decides on the Validity of Arbitral Award Covering Foreign Immoveable Properties Excluded from Preliminary Decree in a Partition Suit. Construction of Reference to Arbitration under Section 21 of the Indian Arbitration Act, 1940 Clarified.

13 Nov 1959

The dispute arose from a partition suit filed by the respondent, Subramaniam Chettiar, against his brother, Nachiappa Chettiar, and his sons (appellan...

Supreme Court

Supreme Court Upholds Division Bench Order in AIADMK Internal Dispute — Interim Injunction Denied for Party Meetings. Court holds that temporary injunction in political party affairs requires strict compliance with CPC principles and balance of convenience.

27 Sep 2022

The Supreme Court disposed of a batch of appeals arising from interim orders in civil suits concerning the internal management of the All India Anna D...

High Court

Bombay High Court Allows Transfer of Suit to Same Court Where Related Petition Pending, Emphasizes Need for Consistent Findings by Same Judge. Transfer of suit under Section 24 CPC set aside as bias allegations not proved; suit directed to be tried by same judge who is already seized of connected matrimonial petition.

14 Dec 2017

The petitioner, Mrs. Amruta Nilay Shah, challenged an order dated 14th September 2017 passed by the Principal District Judge, Raigad-Alibag, in Misc. ...

High Court

Bombay High Court at Goa Considers Habeas Corpus Petition for Repatriation of Child in Alleged International Abduction. The Court Examined Whether a Writ Under Article 226 Should Issue to Return the Minor to the USA Given the Pending Utah Custody Proceedings and the Mother's Alleged Violation of a Foreign Restraining Order.

7 May 2026

The Bombay High Court at Goa considered a criminal writ petition filed under Article 226 of the Constitution of India by the husband, seeking a writ o...

High Court

Bombay High Court Considers Ad-Interim Injunction in Defamation Suit by Retired Official Against Cabinet Minister Over Social Media Posts. Court Examines Maintainability of Representative Suit and Prima Facie Defamation Claims Under Civil Procedure Code and Tort Law.

21 Nov 2021

The dispute arose from alleged defamatory statements made by the defendant, a sitting cabinet minister and national spokesperson of the Nationalist Co...

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