Search Results for "Order 1 Rule 8"

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Supreme Court

Civil Suit for Declaration of Title and Possession — Res Judicata, Limitation, and Representative Suit Discussed — Supreme Court Set Aside High Court’s Decree and Dismissed the Suit.

14 Feb 2025

A suit filed in a representative capacity cannot override the conclusive effect of a decree already attained finality, and res judicata shall bar any ...

Supreme Court

Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

1 Jan 2025

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...

High Court

High Court of Karnataka Allows Appeal in Suit for Declaration and Injunction — Remand Order Set Aside for Non-Compliance with Order 1 Rule 8 CPC. The appellate court's remand for public notice under Order 1 Rule 8 CPC was held erroneous as the suit was for individual rights, not representative capacity.

30 Jul 2024

The case involves a Miscellaneous Second Appeal filed under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (CPC) against the judgment and dec...

Supreme Court

Supreme Court Dismisses Appeals in Waqf Management Dispute, Upholding High Court's Revisional Order. The Court affirmed that a local unit of a registered society lacks legal standing to sue under the Societies Registration Acts unless authorized by byelaws, and revisional jurisdiction under Section 83(9) proviso of the Waqf Act, 1995, though narrower, permits correction of fundamental legal errors.

30 Mar 2022

The dispute arose from cross-suits between the Salafi Juma Masjid Mahal Committee and Salafi Trust over the management and administration of a mosque ...

Supreme Court

Supreme Court Allows Joint Consumer Complaint by Flat Buyers Under Section 12(1)(c) of Consumer Protection Act, 1986 — Common Grievance Sufficient Despite Different Dates, Costs, and Sizes. NCDRC's Dismissal Set Aside, Matter Remitted for Fresh Consideration.

24 Aug 2020

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 19 February 2016, which dismissed a consumer compl...

Supreme Court

Supreme Court Quashes High Court Interim Order Violating Binding Precedent in Church Property Dispute. Judicial Discipline Mandates Compliance with Articles 141 and 144 of the Constitution as the High Court's Order Contravened the Binding Decision in K.S. Verghese v. St. Peters & St. Pauls Syrian Orthodox Church.

6 Sep 2019

The Supreme Court heard an appeal against an interim order passed by the High Court in a suit concerning the St. Mary's Orthodox Syrian Church. The ap...

Supreme Court

Supreme Court Allows Class Action in Consumer Dispute Over Non-Delivery of Commercial Units. The Court Held That Sameness of Interest, Not Identical Cause of Action, Is Required for Class Action Under Section 12(1)(c) of the Consumer Protection Act, 1986.

10 May 2019

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing a complaint filed by 44 appellants under Section 12...

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