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 Allows Restoration of First Appeal Dismissed in Default, Emphasizes Liberal Construction of Procedural Law to Advance Substantial Justice. The Court held that an order refusing to readmit an appeal under Order 41 Rule 19 CPC is appealable under Order 43 Rule 1(t) CPC, and that the application disclosed sufficient cause for restoration.

5 Feb 2019

The appeal arose from a civil suit filed by the respondent (plaintiff) against the appellant, Mysore Urban Development Authority (defendant), seeking ...

Supreme Court

Supreme Court Remands Land Dispute Case for Fresh Trial Due to Procedural Irregularity in Demarcation Report. The High Court's dismissal of the suit was set aside as the First Appellate Court had relied on other evidence besides the Commissioner's report, and the matter required fresh consideration.

4 Feb 2019

The case involves a land dispute between the appellants (plaintiffs) and respondents (defendants) over Khasra No. 146. The plaintiffs alleged that the...

Supreme Court

Supreme Court Dismisses Appeal Against Review Order in Urban Land Ceiling Case — No Error Apparent on Record. Review Jurisdiction Under Order 47 Rule 1 CPC Cannot Be Used to Re-Examine Factual Findings Like an Appellate Court.

1 Feb 2019

The appeal arose from a review order passed by the Allahabad High Court dismissing a review application filed by the original appellant, Asharfi Devi ...

Supreme Court

Supreme Court Allows Appeal Against Extension of Time for Filing Written Statement Beyond 120 Days Under Amended CPC. Mandatory Forfeiture of Right to File Written Statement After Expiry of Statutory Period Under Order VIII Rule 1 CPC as Amended by Commercial Courts Act, 2015.

1 Feb 2019

The Supreme Court allowed an appeal against two orders of the High Court that permitted the defendant to file a written statement beyond the statutory...

Supreme Court

Supreme Court Upholds Setting Aside of Ex Parte Preliminary Decree in Redemption Suit — Order 9 Rule 13 CPC Maintainable. The court held that a decree passed after defendants were proceeded ex parte under Order 9 Rule 6(1)(a) and the court proceeded under Order 17 Rule 2 (Explanation) is an ex parte decree amenable to Order 9 Rule 13 CPC.

1 Feb 2019

The original appellant, G. Ratna Raj (since deceased, represented by legal representatives), filed a civil suit (C.S. No. 131/1999) in the High Court ...

Supreme Court

Supreme Court Upholds High Court Order Quashing Chairman's Stay on Tribunal Proceedings — Chairman of Central Administrative Tribunal Cannot Stay Proceedings Pending Before a Division Bench While Sitting Singly. The Court held that the Chairman's power under Section 5(6) read with Section 25 of the Administrative Tribunals Act, 1985 does not extend to staying proceedings before a co-ordinate Bench.

1 Feb 2019

The Supreme Court dismissed the appeal filed by All India Institute of Medical Sciences (AIIMS) against the Uttarakhand High Court's order quashing th...

Supreme Court

Supreme Court Allows Appeal and Remands Second Appeal to High Court for Framing Substantial Questions of Law in Specific Performance Suit. Interpretation of Agreement Clauses Constitutes Substantial Question of Law Under Section 100 CPC.

31 Jan 2019

The appellant-plaintiff filed a civil suit for specific performance of contract based on an agreement dated 08.08.1984. The Trial Court decreed the su...

Supreme Court

Supreme Court Allows Appeal in Civil Jurisdiction Dispute — Holds Civil Court Has Jurisdiction to Declare Gift Deed Void Despite Revenue Proceedings Under Rajasthan Tenancy Act, 1955. The Court set aside the High Court's order rejecting the plaint and remanded the matter for determination of jurisdiction after framing preliminary issues and recording evidence.

29 Jan 2019

The appellant, Pyarelal, filed a civil suit seeking a declaration that a gift deed dated 10 February 2011 was void to the extent of his share in agric...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

Supreme Court

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

28 Jan 2019

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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