Search Results for "CPC amendment 2002"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "CPC amendment 2002"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Plaint Amendment in Permanent Injunction Suit — Amendment Sought After Trial Commenced Held Barred by Proviso to Order VI Rule 17 CPC. The court upheld the trial court's order rejecting the amendment application filed after the commencement of trial, as the plaintiff failed to show due diligence and the amendment was sought after a lapse of nearly 5 years.

30 Jul 2025

The petitioner, who was the plaintiff in O.S. No. 1102 of 2017 before the II Additional Civil Judge, Bengaluru Rural, filed a writ petition under Arti...

High Court

Bombay High Court Upholds Discretion of Parsi Matrimonial Courts to Appoint Court Commissioner for Evidence Recording Under PMDA. The court held that the Parsi Marriage and Divorce Act, 1936 does not expressly or impliedly bar the application of Order XVIII Rule 4 CPC for recording evidence before a Commissioner.

21 Nov 2024

The case arose from an appeal against an order dated 3 April 2014 passed by the learned Parsi Chief Metropolitan Court, Mumbai (Justice G S Patel) in ...

High Court

Full Bench Rules on Scope of Trial Court's Authority Under Section 9-A CPC. Trial Courts Cannot Partially Dispose of Suits in Preliminary Issues on Jurisdiction.

18 Jul 2024

The Full Bench addressed whether a Trial Court, under Section 9-A of the Code of Civil Procedure, 1908 (CPC), can frame an issue that disposes of a su...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

Bombay High Court Allows Land Acquisition Compensation Revision Applications Due to Delay Condonation and Enhanced Compensation Claims. The court held that delay in filing reference under Section 18 of Land Acquisition Act, 1894 should be condoned and matters remitted for fresh adjudication.

18 Oct 2019

The judgment involves multiple civil revision applications filed by landowners whose lands were acquired for public purposes under the Land Acquisitio...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Order XXI Rule 58 CPC Claim Dismissed as Not Maintainable Due to Prior Attachment and Lack of Possession. The court held that a claim petition under Order XXI Rule 58 CPC is not maintainable when the property was attached before judgment and the claimant was not in possession at the time of attachment.

23 May 2018

The appellant, Swamy H.L., filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 19.09.2008 passed by the First Ap...

High Court

Bombay High Court at Goa Dismisses Petitions Challenging Maintainability of Appeal Under Order XLIII Rule 1(r) CPC. Court Holds That Appeal Under Order XLIII Rule 1(r) CPC Lies Against Orders Under Order XXXIX Rule 1 CPC, Including Those Not Expressly Granting or Refusing Injunction.

8 Mar 2018

The petitioners, Augusto T. D'Souza and Ana D'Souza, filed writ petitions in the High Court of Bombay at Goa challenging an order dated 01/12/2012 pas...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

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