Search Results for "Section 151 CPC"

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Search Results for "Section 151 CPC"

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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 Allows Defendant in Commercial Suit to File Written Statement Despite Expiry of 120-Day Limit Due to COVID-19 Disruptions. Time Limit Under Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 as Substituted by Commercial Courts Act, 2015 Extended Considering Orders in Suo Motu Writ Petition (Civil) No. 3 of 2020 and Administrative Curtailment of Court Functioning.

14 Feb 2022

The dispute arose from a commercial suit filed by the plaintiff-respondent against the defendant-appellant for recovery of Rs. 3,73,24,821/- with inte...

Supreme Court

Supreme Court Allows Appeal in Design Infringement Case, Modifying Consent Decree Due to Typographical Error. The Court held that the High Court erred in dismissing the application under Sections 152 and 153 read with Section 151 of the Code of Civil Procedure, 1908, as a misunderstanding between parties warranted correction of the Settlement Agreement to reflect the intended trademark 'FX-991ES PLUS'/'FX-991'.

4 Feb 2022

The dispute arose from a civil suit filed by the Respondent against the Appellant for design infringement and trademark violation regarding scientific...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

Supreme Court

Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

6 Dec 2021

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

Supreme Court

Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

3 Nov 2020

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

Supreme Court

Supreme Court Dismisses Appeal by Auction Purchaser, Upholds High Court's Setting Aside of Auction Sale in Favor of Guarantor Who Paid Entire Dues Within a Week of Auction. The Court held that in the peculiar facts, substantial justice was done and the High Court's order setting aside the auction was not interfered with, keeping the question of law open.

24 Apr 2020

The appellant, Paul, was the auction purchaser of a property measuring 2 acres 43 cents in Village Managiri, Madurai District, Tamil Nadu. The propert...

Supreme Court

Supreme Court Allows Appeal Against Extension of Time for Filing Written Statement Beyond 120 Days Under Amended CPC. Mandatory Forfeiture of Right to File Written Statement After Expiry of Statutory Period Under Order VIII Rule 1 CPC as Amended by Commercial Courts Act, 2015.

1 Feb 2019

The Supreme Court allowed an appeal against two orders of the High Court that permitted the defendant to file a written statement beyond the statutory...

Supreme Court

Supreme Court Allows Appeal in Civil Jurisdiction Dispute — Holds Civil Court Has Jurisdiction to Declare Gift Deed Void Despite Revenue Proceedings Under Rajasthan Tenancy Act, 1955. The Court set aside the High Court's order rejecting the plaint and remanded the matter for determination of jurisdiction after framing preliminary issues and recording evidence.

29 Jan 2019

The appellant, Pyarelal, filed a civil suit seeking a declaration that a gift deed dated 10 February 2011 was void to the extent of his share in agric...

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