Search Results for "Section 104(2) CPC"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "Section 104(2) CPC"

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Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

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 Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when courts below have concurrently found that suit property is joint family property and plaintiff is entitled to share.

13 Jun 2019

The present second appeal was filed by the original defendants No.2 to 4 against the judgment and decree passed by the District Judge, Latur, in Regul...

High Court

Karnataka High Court Reduces Compensation in Land Acquisition Case Due to Non-Comparability of Sale Deeds and Awards. Reference Court Erred in Relying on Ex.P-41 Without Examining Whether Lands Were Comparable.

1 Apr 2019

The case involves an appeal by the Bijapur Urban Development Authority (BUDA) and a cross-objection by the claimants (landowners) against the judgment...

High Court

High Court of Karnataka Partly Allows Appeal by Development Authority in Land Acquisition Compensation Case — Market Value Reduced from Rs.1,50,000 to Rs.1,20,000 per Acre. Comparable Sale Deed Method Upheld but Deduction for Development Reduced from 40% to 20% Under Land Acquisition Act, 1894.

1 Apr 2019

The case involves an appeal by the Bijapur Urban Development Authority (BUDA) against the judgment of the II Additional Senior Civil Judge, Bijapur, i...

High Court

Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings Upheld. Plaintiff Failed to Prove Title and Possession Over Suit Property; Non-Examination of Attesting Witnesses to Sale Deed Led to Adverse Inference.

5 Dec 2018

The legal representatives of the original plaintiff in O.S. No. 104/1982 (old No. 215/1968) filed a second appeal under Section 100 of the Code of Civ...

High Court

Bombay High Court Quashes Transfer Order in Matrimonial Case — Transfer Under Section 24 CPC Cannot Be Granted Merely Because Party Is Dissatisfied with Orders. Transfer of proceedings from Family Court No.5 to Family Court No.1 at Pune set aside as the application lacked bona fide grounds and was based on apprehension of bias without credible evidence.

14 Sep 2017

The petitioner, Sapana Shekhar Pokale, wife, filed a writ petition under Article 227 of the Constitution challenging an order dated 10th April 2017 pa...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Temporary Injunction in Regular Appeal — Section 104(2) CPC Does Not Bar Appeal Under Order 43 Rule 1(r) CPC Against Order Under Order 39 Rules 1 & 2 CPC Passed in a Regular Appeal.

2 Feb 2016

The appellant, Sri Madhava Prabhu, filed Regular Appeal No.43/2015 before the Court of the Principal Senior Civil Judge, Udupi. In that appeal, he fil...

High Court

Bombay High Court Allows Amendment of Written Statement Despite Trial Commencement — Liberal Approach Under Order 6 Rule 17 CPC. Amendment Sought to Incorporate Alternative Plea of Ownership Based on Adverse Possession Not Barred by Delay or Lack of Due Diligence.

22 Oct 2013

The petitioners, who were defendants in Regular Civil Suit No. 242/2007, filed an application (Exh. 42) for amendment of their written statement. The ...

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