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 Remands Land Encroachment Case to High Court for Failure to Address Substantial Question of Law. High Court formulated question regarding sustainability of concurrent findings after surveyor's report but dismissed second appeal without deciding it, necessitating remand for proper adjudication under Code of Civil Procedure, 1908.

21 Sep 2021

The dispute originated from a civil suit filed by the appellant (plaintiff) alleging encroachment by two defendants on land purchased in 1995. The pla...

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 Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

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...

Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

Supreme Court

Supreme Court Dismisses Appeal in Title Suit Over Land Ownership Due to Insufficient Proof of Title. Plaintiffs Failed to Establish Ownership Over Suit Land Despite Claims Based on Oral and Decreed Partitions, Leading to Upholding of Trial Court's Dismissal.

7 Sep 2021

The dispute originated from a title suit filed in 1967 by Banaras Sah, acting for himself and as legal guardian of his six minor sons, against Krishna...

Supreme Court

Supreme Court Dismisses Appeal in Title Suit Over Land Ownership and Possession. Plaintiffs' Title Established Through Partition Evidence and Mutation Application, Supporting Decree for Possession Against Defendant's Legal Representatives.

7 Sep 2021

The dispute originated from a title suit filed in 1967 by Banaras Sah, acting for himself and as legal guardian of his six minor sons, against Krishna...

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