Search Results for "written statement"

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Search Results for "written statement"

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Supreme Court

Supreme Court Sets Aside Ex Parte Dismissal in Specific Performance Suit Due to Procedural Irregularity - Framing of Issues and Points for Determination Essential Even in Ex Parte Proceedings Under Code of Civil Procedure, 1908.

16 Apr 2026

The Supreme Court addressed an appeal concerning procedural obligations in ex parte civil suits, specifically whether absence of formal framing of iss...

Supreme Court

Supreme Court Allows Appeal in Civil Suit, Restoring Trial Court's Order and Granting Interim Injunction. The Court held that the second suit was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908, as the causes of action and properties involved were distinct from the first suit, and the plaint disclosed a cause of action arising after knowledge from the written statement.

16 Apr 2026

The dispute involved a family property conflict where the appellants, the wife and daughters of the deceased original owner, challenged a Power of Att...

Supreme Court

Supreme Court Dismisses Bank's Appeal in Consumer Dispute Over Cheque Clearing Deficiency. Bank held liable for deficiency in service under Consumer Protection Act, 1986 due to negligence in presenting cheques within validity period, with compensation awarded for loss caused by expired cheques.

15 Apr 2026

The Supreme Court of India heard two civil appeals filed by Canara Bank against a judgment of the National Consumer Disputes Redressal Commission. The...

Supreme Court

Supreme Court Reverses High Court Decision and Upholds Dismissal of Second Suit on Grounds of Res Judicata and Order II Rule 2 CPC. The Court held that the second suit was barred as it involved the same parties, subject matter, and cause of action as the first suit, and the High Court erred in interfering with concurrent findings under Section 100 CPC.

9 Apr 2026

The dispute originated from an adoption deed dated March 23, 1961, where Respondent allegedly adopted Channappa. In 2002, Respondent filed Suit-I (O.S...

High Court

High Court Dismisses Writ Petition Challenging School Tribunal's Order Allowing Amendment of Appeal Memorandum. Amendment Sought to Clarify Resignation Documents as Notice and Resignation Letter Was Held Permissible Under Order VI Rule 17 CPC Despite Being Filed After Conclusion of Final Arguments, as It Was Clarificatory and Not Prejudicial.

6 Apr 2026

The dispute arose from an appeal filed by a teacher challenging his resignation and seeking reinstatement under Section 9 of the Maharashtra Employees...

High Court

High Court Allows Divorce Appeal on Ground of Cruelty, Overturning Family Court Dismissal. Husband Established Mental Cruelty Under Section 13(1)(i-a) of Hindu Marriage Act, 1955, Through Wife's Abnormal Behavior, Public Humiliation, and Physical Violence, Despite Withdrawal of Unsoundness of Mind Ground.

27 Mar 2026

The appeal arose from a divorce petition filed by the husband against the wife under the Hindu Marriage Act, 1955, on grounds of cruelty and unsoundne...

High Court

High Court Quashes Order Declining Approval Under Prevention of Corruption Act Due to Non-Application of Mind. The Court held that an order under Section 17A must reflect independent consideration and cannot be based solely on exoneration in a departmental enquiry, directing fresh reconsideration.

27 Mar 2026

The dispute arose from a writ petition filed by a lawyer and social activist challenging an order dated 26-05-2025 passed by the Under Secretary, Depa...

High Court

High Court Dismisses Defendants' Writ Petition Against Rejection of Leave to File Additional Written Statement in Civil Suit - Trial Court Properly Exercised Discretion Under Order VIII Rule 9 CPC to Prevent Withdrawal of Admissions and Belated Counter-Claim.

25 Mar 2026

The dispute originated from a Leave and Licence Agreement dated 1 August 2018, where the respondent-plaintiff was granted licence to occupy premises b...

High Court

High Court Quashes Trial Court Order Appointing Court Commissioner in Encroachment Suit as Premature Before Plaintiff's Evidence. Appointment Under Section 75 Read with Order 26 Rule 9 of Code of Civil Procedure, 1908, is Impermissible for Evidence Collection When Plaintiff Has Not Yet Discharged Burden of Proof in Mandatory Injunction Suit Regarding Government-Acquired Land.

24 Mar 2026

The High Court of Judicature at Bombay, Aurangabad Bench, heard a writ petition challenging an order dated 18.07.2024 passed by the Civil Judge, Senio...

High Court

High Court Dismisses Writ Petition Against Rejection of Impleadment Application in Perpetual Injunction Suit. Impleadment of Third Party Not Permitted Under Order I Rule 10 of Code of Civil Procedure, 1908 as No Relief Sought Against It and Suit is Right in Personam, Not Right in Rem.

23 Mar 2026

The dispute originated from a suit for perpetual injunction filed by the petitioner against Nanded Waghala City Municipal Corporation concerning prope...

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