Search Results for "Section 115 CPC"

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High Court

High Court Allows Civil Revision Petition and Quashes Transfer Order in Property Dispute Cases. Court Holds Revision Under Section 115 CPC Maintainable Against Transfer Order Under Section 24 CPC as It Constitutes 'Case Decided' Where No Appeal Lies, and Transfer Would Unnecessarily Delay Time-Bound Proceedings.

24 Mar 2026

The dispute originated from two civil suits: O.S.No.1453/2024 filed by respondents for specific performance of an agreement dated 13.03.2023, and O.S....

High Court

High Court of Bombay Allows Landlord's Revision, Reinstating Eviction Decree on Grounds of Permanent Alterations, Acquisition of Suitable Residence, and Nuisance Under Bombay Rent Act. Appellate Court's Reversal Found Perse as Tenants Made Structural Changes Without Permission, Acquired Alternative Residence in Pune, and Caused Annoyance Through Seepage and Hazards, Violating Sections 13(1)(b), 13(1)(l), and 13(1)(c) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

10 Mar 2026

The dispute arose from a civil revision application filed by the landlord under Section 115 of the Code of Civil Procedure, 1908, challenging the Appe...

Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute: MP Act, 1983 Not Applicable Where Arbitration Clause Exists. Jurisdictional Objection Cannot Be Raised for First Time Under Section 34 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The appeal arises from a judgment of the Madhya Pradesh High Court affirming the setting aside of an arbitral award under Section 34 of the Arbitratio...

High Court

Landlord’s Bonafide Requirement Prevails Over Tenant’s Hardship in Eviction Proceedings. Expanding business needs supported by law favor landlord’s claim over tenant’s possession.

20 Dec 2024

The Bombay High Court upheld the eviction decree passed by the Trial and Appellate Courts, affirming the landlord's bonafide requirement for the premi...

High Court

"Bombay High Court Dismisses Civil Revision Application Under Section 115 CPC in Light of Section 34(4) of Maharashtra Rent Control Act" "Applicants must seek remedy before the Appellate Bench under the MRC Act, not directly before the High Court."

23 Sep 2024

The Bombay High Court dismissed the Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908, stating that the proper r...

Supreme Court

Ensuring justice through fair compensation and rectification of errors. Court Orders Appellants to Deposit Deficiency and Compensate Respondents

3 May 2024

Pre-emption suit concerning disputed property, where the appellants seek relief due to a calculation error in their deposit. Despite attempts to recti...

Supreme Court

Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

16 Mar 2022

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

Supreme Court

Supreme Court Dismisses Special Leave Petition Challenging High Court's Setting Aside of Ex Parte Decree in Specific Performance Suit. High Court's Intervention Under Article 227 Upheld as Ex Parte Decree Was Nullity Due to Non-Appointment of Guardian for Minor Defendant Under Order XXXII Rule 3 CPC, Despite Defendants' Negligence and Delay.

16 Jul 2021

The dispute originated from a suit for specific performance of a sale agreement, where the plaintiffs obtained an ex parte decree against the defendan...

Supreme Court

Supreme Court Allows Tenant's Appeal in Rent Control Vacancy Dispute — Revision Against Vacancy Order Held Maintainable Despite Earlier Writ Dismissal. The Court held that an order notifying vacancy is only a step in the process of allotment and can be challenged along with the final order under Section 18 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

1 Jan 2020

The appeal arises from a rent control dispute concerning House No.61/8, Ground Floor, Green Pasture View, Landhour Bazar, Mussoorie. Rashid Ahmed was ...

Supreme Court

Supreme Court Allows Appeal in Section 6 Specific Relief Act Suit — High Court's Revision Under Section 115 CPC Set Aside for Exceeding Jurisdiction. Revisional Power Cannot Be Used to Correct Errors of Fact or Law in Interlocutory Orders.

4 Feb 2019

The dispute arose from a civil suit filed by Respondent No.1 (Shashi Verma) under Section 6 of the Specific Relief Act, 1963, seeking declaration of w...

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