Search Results for "Civil Procedure Code, 1908"

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High Court Judgment Set Aside, Trial Court Directed to Proceed with Pending Suit on Merits

The Supreme Court allowed the appeal filed by the State of Madhya Pradesh, challenging the Madhya Pradesh High Court's order allowing Civil Revision N...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Exclusion of Counterclaim for Want of Pecuniary Jurisdiction Does Not Bar Subsequent Suit for Specific Performance.

The applicant, Sainath Jadhav, filed Regular Civil Suit No.731 of 2007 for injunction against the respondent, Shankar Jadhav, regarding agricultural l...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Bombay High Court Dismisses Petition Challenging Pre-trial Appointment of Court Commissioner for Land Measurement Under Section 75 r/w Order 26 Rule 9 CPC. Court Holds That Appointment of Commissioner is Not Dependent on Commencement of Trial and Is Within Court's Discretion.

The Bombay High Court at Aurangabad addressed the issue of whether a Court Commissioner for measurement of land under Section 75 read with Order 26 Ru...

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Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...

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ARBITRATION PETITION (L) NO. 1793 OF 2013

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