Search Results for "civil procedure"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
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Search Results for "civil procedure"

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Supreme Court

Supreme Court Dismisses Election Petition on Technical Grounds Due to Absence of Mandatory Affidavit for Corrupt Practice Allegations. The High Court had allowed dismissal application under Section 86(1) of Representation of People Act, 1951, finding total non-compliance with proviso to Section 83(1) requiring Form 25 affidavit when petition alleged corrupt practices under Sections 123 and 100.

13 Dec 2021

The dispute arose from an election petition filed by the appellant, a candidate from the 16 Hassan Parliamentary Constituency in the 2019 elections, c...

Supreme Court

Supreme Court Upholds High Court's Decree Granting Letters of Administration in Will Dispute. Will Proved in Accordance with Law, No Suspicious Circumstances Found Under Section 68 of Indian Evidence Act, 1872 and Section 63 of Indian Succession Act, 1925.

10 Dec 2021

The case involves a dispute over the estate of E. Srinivasa Pillai, who died on 19th January 1978. The plaintiffs, C. Saradambal (widow of the testato...

Supreme Court

Supreme Court Allows Appeal Against Karnataka High Court Order Setting Aside Rejection of Plaint in Res Judicata Case. The Court held that the subsequent suit for declaration of title was barred by res judicata and Order II Rule 2 CPC as the issue of title had been finally decided in earlier litigation.

8 Dec 2021

The dispute pertains to 11 acres 16 guntas of agricultural land in Talaghattapura Village, Bangalore. The appellants (Lankappa and others) claimed tit...

Supreme Court

Supreme Court Allows Appeal in Part and Remands Case to High Court for Fresh Disposal of Appeal Without Considering Application for Additional Evidence. The High Court's dismissal of the first appeal without deciding the application under Order 41 Rule 27 CPC was held to be improper, and the matter was remitted for fresh consideration.

6 Dec 2021

The appellant, Satish Chand Surana, was the plaintiff in Civil Suit No.30A/2017 before the First Additional District Judge, Balode, seeking specific p...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Allows Transfer of Civil Suit Filed Against Legal Aid Society from Ludhiana to Delhi to Avoid Prejudice. Section 25 CPC Transfer Granted as Respondent Failed to Appear and Continuation in Ludhiana Would Cause Inconvenience to the Society.

3 Dec 2021

The Supreme Court Middle Income Group Legal Aid Society filed a transfer petition under Section 25 of the Code of Civil Procedure, 1908, seeking trans...

Supreme Court

Supreme Court Sets Aside High Court's Dismissal of Second Appeal and Remands Matter for Fresh Consideration Due to Lack of Reasons. High Court Must Assign Reasons When Dismissing Second Appeal In Limine Under Section 100 of Code of Civil Procedure, 1908, to Demonstrate Application of Mind and Allow Understanding of Decision.

29 Nov 2021

The dispute originated from a civil suit for declaration of tenancy, eviction, and other reliefs filed by the plaintiff against the defendant concerni...

Supreme Court

Supreme Court Dismisses Review Petition in Death Sentence Case Under IPC Sections 302 and 449 - Review jurisdiction limited to errors apparent on the record; no rehearing or re-appreciation of evidence permitted under Article 137 of the Constitution and Supreme Court Rules, 2013.

26 Nov 2021

The Supreme Court of India, in a review petition filed under Article 137 of the Constitution, dismissed a challenge to its earlier judgment affirming ...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

Supreme Court

Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

25 Nov 2021

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

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