Search Results for "civil procedure"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
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Search Results for "civil procedure"

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Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

Supreme Court

Supreme Court Allows Appeals in Resolution Plan Approval Case, Overturning High Court's Dismissal. High Court Erred in Not Exercising Inherent Powers Under Section 151 CPC to Approve Plan Beneficial to Small Debenture Holders, Leading Supreme Court to Use Article 142 Powers for Approval.

3 Mar 2023

The Supreme Court of India heard appeals challenging the Bombay High Court's order dated 16 December 2022, which dismissed an interim application file...

Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

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...

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