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Search Results for "CPC"

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Supreme Court

Supreme Court Allows Appellant in Civil Procedure Dispute Over Maintainability of Appeal Against Consent Decree. Court Held That Party to Suit Can Directly File First Appeal Under Section 96 of Code of Civil Procedure, 1908, Despite Section 96(3) Bar, as 1976 Amendment Introduced Order XLIII Rule 1-A(2) Preserving Such Remedy.

23 Apr 2025

The appeal arose from a dispute over land in Siddhpur, District Patan, involving multiple parties including the appellant Sakina Sultanali Sunesara an...

Supreme Court

Supreme Court Modifies Decree in Lease Dispute Based on Settlement Agreement and Grants Interim Relief for Institute Relocation. The court accepted a settlement reducing mesne profits and allowed the appellant to shift to a temporary location for up to two years to prevent student hardship, under the Code of Civil Procedure, 1908.

23 Apr 2025

The Supreme Court dealt with appeals challenging a High Court judgment that dismissed the appellant's appeals and confirmed a trial court decree. The ...

Supreme Court

Supreme Court Allows Appeal in Property Partition Dispute, Reversing High Court's Decision on Self-Acquired Property Status. The Court held that the High Court exceeded jurisdiction under Section 100 CPC by deciding a factual issue, and the property was self-acquired as purchased after partition using own funds, not joint family funds.

22 Apr 2025

The dispute involved a property partition suit among family members. The appellant, as Defendant No.2, purchased the suit property from Defendant No.1...

Supreme Court

Supreme Court Quashes High Court Order in Civil Appeal Under Article 227 of Constitution of India. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree Without Examining Sufficient Cause Under Order IX Rule 13 CPC and by Acting as Appellate Court.

22 Apr 2025

The appeal arose from a High Court judgment dated 1 May 2024 allowing a writ petition under Article 227 of the Constitution of India filed by the resp...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

Supreme Court

Supreme Court Upholds Arbitral Award in Land Development Dispute, Restoring Tribunal's Findings on Breach and Damages. The Court Clarifies Limited Scope of Judicial Interference Under Sections 34 and 37 of Arbitration and Conciliation Act, 1996, Holding that High Court Exceeded Jurisdiction in Re-evaluating Factual Determinations.

21 Apr 2025

The appeals arose from a judgment of the Division Bench of the Delhi High Court dated 30th April 2015, which was rendered in appeals under Section 37 ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case, Clarifying Jurisdiction Requirements Under Arbitration and Conciliation Act, 1996. The Court Held That Service of Section 21 Notice and Inclusion in Section 11 Application Are Not Prerequisites for Arbitral Tribunal to Exercise Jurisdiction Over a Person, and Impleadment is Based on Being Party to Arbitration Agreement.

17 Apr 2025

The dispute arose from an agreement dated 01.06.2012 between the appellant and respondent no. 1 to form a Limited Liability Partnership (respondent no...

Supreme Court

Supreme Court Allows Appeal in Civil Revision Petition and Rejects Plaint Under Order VII Rule 11 CPC. Plaint Based on Agreement to Sell Held Barred by Law as Agreement Does Not Create Interest in Property Under Section 54 of Transfer of Property Act, 1882, and Injunction Suit Without Declaration of Title Not Maintainable When Title Disputed.

16 Apr 2025

The appeal arose from a civil revision petition challenging the High Court's dismissal of an application under Order VII Rule 11 CPC seeking rejection...

Supreme Court

Supreme Court Dismisses Appeals in Copyright Infringement Case, Upholding High Court's Restoration of Suit for Trial. The Court held that rejection of plaint under Order VII Rule 11 of CPC was premature as factual issues regarding applicability of Section 15(2) of Copyright Act, 1957, required determination on merits regarding whether engineering drawings constituted a 'design' under Designs Act, 2000, and were reproduced more than fifty times by industrial process.

15 Apr 2025

The Supreme Court adjudicated appeals arising from a copyright infringement dispute between Inox India Limited (the respondent) and Cryogas Equipment ...

Supreme Court

Supreme Court Allows Appeal in Plaint Rejection Case Under Order VII Rule 11 CPC on Limitation Grounds. Suit for Declaration of Will and Codicil as Null and Void Held Barred by Limitation Under Article 58 of Limitation Act, 1963, as Right to Sue First Accrued on Date of Will Execution.

15 Apr 2025

The dispute involved a civil suit filed by the plaintiff, son of deceased Pramod Kesurdas Sanghavi, against his sisters and a nephew as defendants, se...

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