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Search Results for "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 Dismisses Petition Challenging OROP Policy Implementation for Ex-Servicemen. Periodic Revision Every Five Years Upheld as Not Arbitrary Under Articles 14 and 21 of the Constitution of India.

16 Mar 2022

The dispute arose from a petition under Article 32 of the Constitution challenging the implementation of the One Rank One Pension (OROP) policy for ex...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

Supreme Court

Supreme Court Sets Aside High Court Order Rejecting Plaint Under Order VII Rule 11 CPC in Title Suit. The Court held that the plaint could not be rejected on limitation grounds as it required consideration of entire averments, and the suit for declaration and injunction under Section 53A of the Transfer of Property Act was maintainable for trial.

14 Mar 2022

The appeal arose from a dispute where the original plaintiffs filed a title suit seeking declaration of right, title, and interest in property under S...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Second Appeal and Remands Case for Reconsideration Under Correct Legal Provision. The Court held that the High Court erred by interfering with findings of fact and not applying Section 41 of the Punjab Courts Act, 1918, which governs second appeals in Punjab and Haryana, leading to remand without merits adjudication.

10 Mar 2022

The dispute originated from a suit filed by the plaintiffs (respondent Nos. 1 and 2) seeking declaration of title and prohibitory injunction against t...

Supreme Court

Supreme Court Partly Allows Appeal in Land Acquisition Compensation Case Due to Erroneous Rejection of Additional Evidence Application. High Court's dismissal of application under Order 41 Rule 27 CPC set aside as additional evidence was required to determine fair market value, with matter remanded to Reference Court for proof of documents.

10 Mar 2022

The dispute arose from a land acquisition case where the appellant, an original claimant and land owner, sought enhanced compensation after the Land A...

Supreme Court

Supreme Court Upholds Employer in Modified Assured Career Progression Scheme Dispute Over Application Date. The Court set aside the Delhi High Court's direction to apply the MACP scheme from 01-01-2006, holding that the scheme's effective date of 01-09-2008 under the office memorandum dated 19-05-2009 was valid, and employees not completing 24 years of service by that date were not entitled to benefits under the superseded ACP scheme.

8 Mar 2022

The Supreme Court addressed a batch of appeals concerning the applicability date of the Modified Assured Career Progression Scheme (MACP) introduced b...

Supreme Court

Supreme Court Quashes Execution Proceedings in Specific Performance Decree Due to Procedural Violations Under Order XXI Rule 34 CPC. Execution Court's Failure to Serve Draft Sale Deed and Allow Objections, Coupled with Deviation in Executed Sale Deed from Decree Property, Vitiated the Proceedings, Requiring Fresh Compliance with Mandatory Procedure.

28 Feb 2022

The dispute arose from an agreement to sell property dated 28.01.2006, where the respondents sued for specific performance against the appellant. The ...

Supreme Court

Supreme Court Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

Supreme Court

Supreme Court Allows Complainant in Negotiable Instruments Act Case by Reversing High Court's Quashing of Cognizance. Authorized Representative's Complaint Held Competent Under Section 142 as Payee Company Filed Through Knowledgeable Manager, Despite Lack of Explicit Averments, Restoring Magistrate's Order.

22 Feb 2022

The dispute arose from a cheque dishonour case under the Negotiable Instruments Act, 1881. The appellant company, as payee, filed a complaint under Se...

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