Search Results for "Order VII Rule 11"

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Search Results for "Order VII Rule 11"

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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 Allows Landlord's Appeal in Rent Eviction Case Due to Tenant's Waiver of Notice Defect. The Court held that the tenant waived the objection to non-compliance with the six-month notice requirement under the proviso to Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, by not raising it in earlier proceedings.

8 Dec 2021

The dispute arose under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, involving an eviction proceeding initiated by t...

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 Reinstates Suit Filed by Legal Heirs in Partnership Dispute, Overturning High Court's Rejection of Plaint. The Court held that the plaint disclosed a cause of action under Order VII Rule 11 of the Code of Civil Procedure, 1908, and issues of partnership dissolution and legal heirs' rights under the Indian Partnership Act, 1932, are mixed questions of fact and law to be decided at trial.

21 Sep 2021

The dispute arose from a civil suit filed by the legal heirs of deceased partners of the partnership firm 'Soorajmull Nagarmull', seeking declarations...

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 Quashes Criminal Proceedings Against Accused in IPC Case Due to Lack of Prima Facie Offence and Abuse of Process. Inherent Powers Under Section 482 of the Code of Criminal Procedure, 1973 Exercised to Prevent Abuse as FIR Disclosed Only Vague Allegations and Civil Disputes Over Property, Not Criminal Offences Under Sections 420, 467, 468, and 471 of the Indian Penal Code, 1860.

2 Sep 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition against a judgment of the High Court of Judicature at Allahab...

Supreme Court

Supreme Court Dismisses Appeal in Civil Suit Over Drain Dispute, Upholding Bar on Civil Court Jurisdiction Under Municipal Act. Civil Court Lacked Jurisdiction as Guwahati Municipal Corporation Act, 1971 Provided Implied Bar and Alternate Remedy Through Commissioner for Drain-Related Rights, Leading to Plaint Rejection Under Order VII Rule 11(d) of Code of Civil Procedure, 1908.

10 Aug 2021

The dispute arose from a title suit filed by the appellant against the respondent in the Court of Munsif No.2, Kamrup Guwahati, seeking a declaration ...

Supreme Court

Supreme Court Dismisses Appeal Challenging Rejection of Nomination in Election Petition Against Prime Minister Narendra Modi. Appellant's Nomination Invalid for Lack of Certificate Under Section 33(3) of Representation of the People Act, 1951.

24 Nov 2020

The appeal arose from an order of the Allahabad High Court dismissing an election petition filed by Tej Bahadur against Narendra Modi, the elected can...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

Supreme Court

Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

1 Jan 2020

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

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