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Search Results for "CPC"

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Supreme Court

Supreme Court Allows Transfer Petition in Matrimonial Case Under CPC Section 25. Transfer Granted from Delhi to Nainital Family Court Considering Family Connections in Haldwani and Geographical Separation of Parties.

1 Oct 2021

The Supreme Court of India heard a transfer petition filed under Section 25 of the Code of Civil Procedure, 1908. The petitioner sought transfer of a ...

Supreme Court

Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

29 Sep 2021

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute Over Concurrent Factual Findings. High Court Erred in Interfering with Trial and First Appellate Courts' Findings on Possession of Chaubara Under Section 100 of Code of Civil Procedure, 1908, as Second Appeal Jurisdiction is Limited to Substantial Questions of Law.

29 Sep 2021

The dispute concerned property located at GT Road, Shahabad Markanda, involving competing claims over possession of a chaubara (room) on the first flo...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

Supreme Court

Supreme Court Reinstates Suit Filed by Legal Heirs in Partnership Dispute, Overturning High Court's Rejection of Plaint. The Court held that the plaint disclosed a cause of action under Order VII Rule 11 of the Code of Civil Procedure, 1908, and issues of partnership dissolution and legal heirs' rights under the Indian Partnership Act, 1932, are mixed questions of fact and law to be decided at trial.

21 Sep 2021

The dispute arose from a civil suit filed by the legal heirs of deceased partners of the partnership firm 'Soorajmull Nagarmull', seeking declarations...

Supreme Court

Supreme Court Dismisses Defendant in Eviction Suit Due to Misuse of Adjournments and Failure to Cross-Examine. Closure of Cross-Examination Right Upheld as Defendant Sought Repeated Adjournments Despite Last Opportunities and Costs, Violating Procedural Cooperation Under Code of Civil Procedure, 1908.

20 Sep 2021

The Supreme Court dealt with a special leave petition challenging orders that closed the defendant's right to cross-examine the plaintiff's witness in...

Supreme Court

Supreme Court Restores Tribunal's Compensation Award in Motor Accident Claim Case - High Court's Reduction of Functional Disability Percentage Without Cross-Appeal by Insurance Company Deemed Unjustified Under Order XLI Rule 33 of Code of Civil Procedure, 1908.

17 Sep 2021

The dispute arose from a motor accident claim where the appellant, injured in a road traffic accident, sought compensation. The appellant, a 32-year-o...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

Supreme Court

Supreme Court Allows Plaintiff in Commercial Suit for Leave to File Additional Documents Due to Timely Application and Necessity for Just Decision. Court held that plaintiff's application under Order VII Rule 14(3) read with Section 151 of CPC should be permitted as it was filed within 30 days of suit filing under Order XI Rule 1(4) and documents were essential for fair trial in trademark infringement case.

15 Sep 2021

The dispute arose from a commercial suit filed by the plaintiff seeking a permanent injunction against the defendant for trademark infringement relate...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control and Municipal Demolition Case, Upholding Tenant's Statutory Protection and Damages Award. The Court affirmed that statutory protection under the Karnataka Rent Control Act, 1961 overrides municipal demolition powers under the Karnataka Municipal Corporations Act, 1976, and that the tenant's suit for damages was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908.

14 Sep 2021

The dispute originated from the demolition of a rented building by the Bangalore City Corporation, leading to litigation between the tenant and the la...

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