Search Results for "Order XLI CPC"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Order XLI CPC"

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Supreme Court

Supreme Court Allows State's Appeal in Land Title Dispute, Holds Res Judicata Not Applicable to Findings in Dismissed Suits. The State was not required to appeal findings in suits dismissed against it, and such findings do not bar the State from contesting the same issue in a related suit where a decree was passed against it.

9 Aug 2019

The Supreme Court considered appeals against a High Court order that dismissed the State's appeal in a land title dispute on grounds of res judicata. ...

High Court

High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Dispute — Deed of Settlement Interpretation. First Appellate Court Exceeded Jurisdiction Under Order XLI Rule 27 CPC by Allowing Additional Evidence Without Proper Grounds.

11 Jun 2018

The appellant, Shrikrishna Vasudev Patil, filed an appeal against the judgment and decree dated 27/12/2010 passed by the District Judge-2, North Goa, ...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Partition Suit — No Interference Under Article 227 as Findings of Fact Are Not Perverse. Court Held That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not Applicable When Suit Is Not Barred by Law and Issues Require Trial.

30 Nov -0001

The present writ petition under Article 227 of the Constitution of India was filed by the legal heirs of the original defendant No.1 (Manohar Ramchand...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Case — Ex-parte Decree Set Aside Due to Improper Service of Summons. First Appellate Court's Order Restored as Trial Court Failed to Comply with Order V Rule 17 CPC.

14 Jan 2022

The appellant/plaintiff filed a suit for specific performance of contract (O.S.No.126/2007) alleging that the respondent/defendant executed an agreeme...

High Court

Bombay High Court Dismisses Application for Additional Evidence in Appeal Against Order Refusing Revocation of Administrator. Order XLI Rule 27 CPC requires strict proof of due diligence for admitting additional evidence at appellate stage.

27 Sep 2012

The case involves a Chamber Summons taken out by Ferani Hotels Pvt. Ltd. (the appellant) under Order XLI, Rule 27 of the Code of Civil Procedure, 1908...

High Court

Bombay High Court at Goa Quashes Execution Stay Order in Property Dispute — Delay Condonation Application Not Maintainable Without Appeal. Held that an application for condonation of delay cannot be filed before the appeal is registered and that the appellate court cannot stay execution proceedings without hearing the decree-holder.

24 Aug 2018

The petitioner, Luis Antonio Romualdo Jesus de Maria Jose De Abreu (since deceased, represented by his LR Maria Do Ceu Abreu), obtained a judgment and...

Supreme Court

Supreme Court Dismisses Appeals in Land Title Dispute Against Union of India. The Court upheld the High Court's rejection of additional evidence under Order XLI Rule 27 CPC and affirmed that adverse possession cannot be perfected against the State/Union, with an ex parte decree not binding on non-parties.

9 Mar 2026

The appeals arose from a land title dispute concerning Survey No. 2029 in Gwalior, where the appellants sought declaration of title and permanent inju...

Supreme Court

Supreme Court Allows Appeal in Land Auction Dispute, Reversing High Court's Declaration of Auction as Null and Void. Dispute Involved Title to Land Under Urban Land (Ceiling and Regulation) Act, 1976 and Validity of Auction by Development Authority, with Trial Court Upholding Auction and High Court Overturning It.

5 Aug 2021

The appeal arose from a judgment of the High Court of Judicature at Allahabad, which allowed a first appeal under Section 96 of the Code of Civil Proc...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Permanent Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction Simpliciter Dismissed as Plaintiffs Failed to Prove Possession Over Disputed Strip of Land.

20 Dec 2018

The appellants (original plaintiffs) filed a suit for permanent injunction simpliciter against the respondents (original defendants) claiming that the...

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