Search Results for "Civil Procedure Code, 1908"

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Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 1st October 1974 Proved; Appellant as Subsequent Purchaser Not Protected Under Section 19(b) of Specific Relief Act, 1963.

The case involves a second appeal filed by Sadashiv Ramchandra Arve (original defendant no.3) against the judgment and decree dated 2nd December 1992 ...

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High Court of Karnataka Considers Rejection of Plaint in Suit for Specific Performance of Granted Land Subject to Non-Alienation Condition. Court Examines Whether Agreement to Sell Executed During Non-Alienation Period is Void Under Karnataka SC/ST Act, 1978.

The civil revision petition arose from an order of the trial court rejecting the petitioners' application to reject the plaint in a suit for specific ...

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Gujarat High Court Dismisses Appeal by Electricity Company in Electrocution Death Case. Paschim Gujarat Vij Company Ltd. held liable for death due to high voltage in support wire of electric pole, affirming strict liability and compensation of Rs.6,30,000.

The case arises from an incident on 24 November 1993, when Deepakkumar J. Bhatt, while participating in a religious ceremony (Tulsi Vivah) in Village ...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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High Court of Karnataka Dismisses Regular Second Appeal in Money Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Appellant failed to establish substantial question of law regarding loan transaction and repayment.

The appellant, Sri M M Deverajgowda, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment an...

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Bombay High Court Hears Cross Appeals in Mortgage Redemption Suit Without Naming Parties. The Court Examines Whether a 1947 Mortgage Was Redeemed by Partial Heirs in 1959, Affecting Rights of Other Co-Heirs.

The present appeals arise from a mortgage redemption suit filed in 1976. The original plaintiffs (legal heirs of the mortgagor) sought redemption of a...

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Bombay High Court Allows Writ Petition Challenging Rejection of Delay Condonation in Mutation Entry Challenge. Court holds that delay in challenging mutation entry cannot be attributed to petitioner when authorities failed to comply with statutory duty under Maharashtra Land Revenue Code.

The petitioners, Shankarrao Premaji Banarase and others, filed a writ petition before the Bombay High Court at Nagpur challenging the order dated 30/0...