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 ...
Supreme Court Quashes Charge Against Accused in Abetment of Suicide Case Due to ...

Search Results for "civil procedure"

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Supreme Court

Supreme Court Allows Appeals in Part, Holds Interest on Delayed Payments Act, 1993 Applicable to Contracts Entered Before Its Commencement for Delays Occurring After 23.09.1992. The Court ruled that the Act is retroactive and applies to all payments made after its commencement, and that a suit for interest alone is maintainable.

23 Jan 2019

The Supreme Court considered appeals arising from a common judgment of the Gauhati High Court which had set aside trial court decrees in favor of supp...

Supreme Court

Supreme Court Sets Aside Contempt Conviction of Purchaser in Specific Performance Suit — Lack of Knowledge of Injunction and Vendor's Acquittal Lead to Acquittal. Purchaser Cannot Be Held in Contempt When Vendor Exonerated and No Evidence of Knowledge of Interim Order Under Order XXXIX Rule 2(a) CPC.

22 Jan 2019

The Supreme Court allowed an appeal against a High Court order affirming the Executing Court's finding of contempt against the appellant, Ramasamy, fo...

Supreme Court

Supreme Court Allows Review and Recalls Sale Order in Execution Decree Case Due to Factual Error Regarding Payment. Contempt Petition Disposed with Compensation for Violating Interim Orders.

22 Jan 2019

The case originated from a money suit filed in 1955 by Hari Kishan Das (plaintiff) against M/s Diwan Kripa Ram Radha Kishan (defendant), resulting in ...

Supreme Court

Supreme Court Allows Appeal in Restitution Case Under Section 144 CPC — Interim Injunction Not a Decree for Possession. Section 144 CPC Not Attracted Where No Decree or Order Directed Delivery of Possession.

21 Jan 2019

The dispute originated from a suit filed by Ganeshi Lal, claiming as next friend of the deity at Bhawani Mata Mandir, seeking a permanent injunction a...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the orders were invalid as they undermined the independence of the CBI Director.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23rd October 2018. The first order was passed by the Centra...

Supreme Court

Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

8 Jan 2019

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the divestment of the CBI Director's functions without due process violated the rule of law.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23 October 2018. The first order was passed by the Central ...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Case Due to Concurrent Findings of Fact. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

7 Jan 2019

The appellant, Kamal Kumar, filed a civil suit against Premlata Joshi and others seeking specific performance of a contract for sale of suit land. The...

Supreme Court

Supreme Court Remands Second Appeal to High Court for Fresh Disposal Due to Lack of Reasoning in Dismissal Order. High Court's Casual Approach in Dismissing Second Appeal Without Framing Substantial Questions of Law Under Section 100 CPC Found Unsustainable.

7 Jan 2019

The State of Rajasthan and its authorities appealed against the judgment of the Rajasthan High Court which dismissed their second appeal in limine. Th...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

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