Search Results for "Section 115 CPC"

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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.

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

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High Court of Karnataka Allows Revision Petition, Restores Suit Dismissed as Withdrawn Without Consent of All Plaintiffs in Representative Suit Under Order I Rule 8 CPC. Suit filed under Order I Rule 8 CPC cannot be withdrawn by some plaintiffs without consent of all and without court permission.

The petitioners, original plaintiffs No.5, 7, and 9, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) chal...

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Bombay High Court Dismisses Civil Revision Application Challenging Order Granting Liberty to Withdraw Suit and File Arbitration. Arbitration Agreement Enforceable Despite Unregistered Partnership Firm Under Section 69 of Partnership Act, 1932.

The case involves a civil revision application filed by the applicant (original defendant) under Section 115 of the Code of Civil Procedure, 1908, cha...

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High Court of Karnataka Allows Revision Petition in Execution Case — Order Dismissing Section 47 Application Set Aside. Execution Court's Failure to Consider Objections Regarding Arbitral Award's Enforceability Constitutes Jurisdictional Error Under Section 115 CPC.

The present Civil Revision Petition was filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 19.03.2022 passed by...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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High Court of Karnataka Allows Appeal in Trust Property Dispute — Order of Temporary Injunction Set Aside for Non-Compliance with Order 39 Rule 3 CPC. Court holds that ex-parte injunction granted without recording reasons or issuing notice is unsustainable.

The appellants, who were defendants in a suit filed by the respondent trust, challenged an ex-parte ad-interim order of temporary injunction granted b...