Search Results for "Order XXXIX Rule 1"

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Supreme Court

Supreme Court Allows Appeal in Maintenance Execution Case Due to High Court's Erroneous Dismissal of Writ Petition. The Court held that expeditious disposal of execution proceedings is essential to enforce maintenance orders and protect the interests of minor children under the Hindu Marriage Act, 1955, and Article 227 of the Constitution of India.

8 Apr 2026

The dispute arose between a husband and wife embroiled in acrimonious litigation spanning nearly a decade, with two minor sons as affected parties. Th...

High Court

High Court Dismisses Commercial Appeal by Appellant Against Order Rejecting Return of Plaint Application -- Maintainability Under Commercial Courts Act, 2015 and CPC -- Jurisdiction Dispute in Commercial Suit

29 Jan 2026

The High Court dismissed a commercial appeal filed against an order rejecting an application under Order VII Rule 10 of CPC seeking return of plaint o...

High Court

High Court Dismisses Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Injunction in Civil Suit, Citing Availability of Appeal Under CPC. Petitioner's Challenge to Trial Court Order Fails Due to Alternative Statutory Remedy

22 Jan 2026

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging an order dated 01.07.2022 by the Trial Court that refu...

Supreme Court

Supreme Court of India Held Appellants Guilty of Contempt for Disobedience of Undertaking Regarding Alienation of Suit Property

5 Mar 2025

Disobedience of an injunction order remains punishable even if the underlying suit is later dismissed (Samee Khan v. Bindu Khan). A lawyer’...

High Court

Appellate Court Reverses Harsh Trial Court Order, Upholds Defendant's Right to Defense in Land Dispute. The court rules that the trial court's decision to strike off the defense was erroneous, emphasizing the need for careful consideration of evidence and true facts in property disputes.

27 Jul 2024

In a civil suit concerning the sale of agricultural land, the plaintiffs sought specific performance of an agreement. The defendants (now appellants) ...

Supreme Court

Supreme Court Allows Appeal in Land Tenure Dispute, Reversing High Court on Urbanization Effect. The Court held that the Delhi Land Reforms Act, 1954, continues to govern land rights even after a notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, urbanizes the area, as the Land Reforms Act is a special law and its provisions are not automatically extinguished.

14 Mar 2023

The appeal arose from a judgment of the Division Bench of the High Court of Delhi dated November 22, 2012, which held that upon issuance of a notifica...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case — Directs Arbitral Tribunal to Reconsider Interim Deposit Order in Light of Force Majeure Clause. Court holds that while passing interim measures under Section 17 of the Arbitration and Conciliation Act, 1996, the Arbitral Tribunal must consider the force majeure clause and the bonafide dispute raised by the lessee, and cannot direct deposit of 100% rental amount without prima facie evaluating the applicability of such clause.

28 Mar 2022

The dispute arose from two lease agreements between Evergreen Land Mark Pvt. Ltd. (appellant-lessee) and John Tinson & Company Pvt. Ltd. & Anr. (respo...

Supreme Court

Supreme Court Upholds National Commission's Power to Impose Deposit of Entire Decretal Amount as Stay Condition in Consumer Appeals. Pre-deposit of 50% under Section 51 of Consumer Protection Act, 2019 is Minimum Requirement, Not a Cap on Discretionary Stay Conditions.

12 Oct 2021

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (National Commission...

Supreme Court

Supreme Court Allows Plaintiff in Commercial Suit for Leave to File Additional Documents Due to Timely Application and Necessity for Just Decision. Court held that plaintiff's application under Order VII Rule 14(3) read with Section 151 of CPC should be permitted as it was filed within 30 days of suit filing under Order XI Rule 1(4) and documents were essential for fair trial in trademark infringement case.

15 Sep 2021

The dispute arose from a commercial suit filed by the plaintiff seeking a permanent injunction against the defendant for trademark infringement relate...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

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