Search Results for "Code of Civil Procedure"

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Search Results for "Code of Civil Procedure"

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Supreme Court

Supreme Court Sets Aside High Court's Remand Order in Civil Suit for Cancellation of Sale Deed - Directs Trial Court to Decide Based on Existing Evidence. The Court held that remand for de novo trial was unjustified as the Trial Court had already recorded evidence and decided on merits under Section 103 of the Indian Evidence Act, 1872, with no exceptional circumstances present.

27 Feb 2023

The appeal arose from a common judgment of the High Court of Kerala dated 28.06.2019, which disposed of four appeals related to civil suits between si...

Supreme Court

Supreme Court Allows State's Appeal in Land Acquisition Suit, Restores Dismissal on Limitation Grounds. Suit for Declaration and Compensation Barred by Limitation Under Articles 58 and 72 of Limitation Act, 1963 as Cause of Action Arose in 1987 and Suit Filed in 2003.

24 Feb 2023

The dispute involved a suit filed by the plaintiff against the State of Himachal Pradesh and others seeking declaration, mandatory injunction, and com...

Supreme Court

Supreme Court Allows Appeal in Civil Review Case Due to High Court Exceeding Review Jurisdiction. High Court's Review Order Set Aside as It Acted as Appellate Court, Violating Limited Scope Under Order 47 Rule 1 read with Section 114 of Code of Civil Procedure, 1908.

24 Feb 2023

The dispute originated from an order by the Tiruchirappalli City Municipal Corporation dated 17.07.2008 concerning a pathway in Tiruchirappalli. The a...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Upholding Extension of Time for Deposit. Trial Court's Discretionary Order Under Section 148 CPC and Section 28 Specific Relief Act Upheld as Plaintiff Showed Sufficient Cause for 853-Day Delay Through Illness.

24 Feb 2023

The dispute arose from a civil suit for specific performance of an agreement to sell dated 09.05.2012, where the plaintiff had paid an advance of Rs. ...

Supreme Court

Supreme Court Sets Aside High Court Order in Lokayukta Case, Upholds Statutory Power to Direct Preliminary Inquiry by State Agency. The Court Held That Section 20(1) of the Odisha Lokayukta Act, 2014 Permits the Lokayukta to Order a Preliminary Inquiry by Any Agency, Including the Directorate of Vigilance, to Ascertain a Prima Facie Case, and Judicial Interference at This Stage Was Unwarranted.

23 Feb 2023

The dispute arose from a complaint dated 9th December 2020 by a Deputy Superintendent of Police alleging corruption against an elected Member of the L...

Supreme Court

Supreme Court Allows Appeal in Commercial Suit Over Decree Interpretation - Executing Court Erred in Considering Pleadings to Include Loan Amount. Decree Based on Email Dated 28.03.2019 for Sale of 50% Shareholding with Consideration of ₹36.75 Crores Exclusive of Loan, as Executing Court Cannot Go Behind Decree Under Order XII Rule 6 CPC.

21 Feb 2023

The dispute originated from a joint venture agreement in 2017 between two groups, Agrawals and Kotharis, to operate a multi-specialty hospital in Mumb...

Supreme Court

Supreme Court Sets Aside High Court Review Order in Teacher Salary Dispute Due to Exceeded Review Jurisdiction. Division Bench Erred by Rehearing Case Instead of Correcting Apparent Error Under Code of Civil Procedure, 1908, While Seniority-Based Salary Payment Within Sanctioned Posts Was Upheld Under Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.

15 Feb 2023

The dispute originated from Tripathi Ramroop Sanskrit Vidyalaya, a recognized institution imparting Sanskrit education in Uttar Pradesh, which was gra...

Supreme Court

Supreme Court Dismisses Transfer Petition in Divorce Case Due to Insufficient Grounds and Convenience Considerations. Transfer Under Section 25 of Code of Civil Procedure, 1908 Denied as Both Parties Reside in Jaipur and Alleged Threats and Subsequent Proceedings Are Deemed Afterthoughts.

10 Feb 2023

The dispute involved a transfer petition filed by the petitioner-wife seeking to relocate a divorce petition from the Family Court in Jaipur, Rajastha...

Supreme Court

Supreme Court Allows Legal Representatives' Appeal in Provincial Small Cause Courts Act Case Due to Subsequent Deposit of Damages. Application Under Order IX Rule 13 CPC for Setting Aside Ex Parte Decree Maintainable After Full Compliance with Section 17 of Provincial Small Cause Courts Act, 1887 Regarding Deposit of Arrears, Costs, and Damages.

2 Feb 2023

The appeal arose from a civil suit for recovery of arrears of rent and ejectment filed by the respondent as owner against the defendant, who was a ten...

Supreme Court

Supreme Court Dismisses Appeals in MRTP Act Compensation Dispute, Upholding NCLAT's Interest Award. Developer Found Guilty of Unfair Trade Practice for Delayed Construction and Cancellation, Entitling Complainant to Compound Interest Under Section 12B of Monopolies and Restrictive Trade Practices Act, 1969.

31 Jan 2023

The dispute originated from a 1989 flat allotment in Ghaziabad where the original applicant died and was succeeded by her daughter-in-law, who continu...

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