Search Results for "Code of Civil Procedure"

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“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

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High Court Disposes Writ Petition Under Article 227 of Constitution of India, Directs Trial Court to Reconsider Compromise Decree in Ancestral Property Dispute Involving Fraud Allegations

The petitioners filed a writ petition under Article 227 of Constitution of India to quash a compromise decree in OS No. 123/2025, alleging it was frau...

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Injunction Suit Not Maintainable When Title Is Disputed

The High Court of Karnataka held that when title to immovable property is disputed, a suit for mere permanent or mandatory injunction is not maintaina...

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High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz ...

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High Court Dismisses Petition Challenging Rejection of Impleadment Application in Partition Suit -- Trial Court's Discretion Under CPC Upheld Despite 20-Year Delay in Filing

The petitioner challenged the Trial Court's order rejecting her application to implead family members as defendants in a partition suit pending since ...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case -- Delay in Filing Complaint Condoned as Bonafide -- Cognizance Taken Under Section 138 of Negotiable Instruments Act Upheld Despite Procedural Irregularity

The Supreme Court dismissed the appeal filed by S. Nagesh against the Karnataka High Court order that rejected his petition to quash a complaint under...

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High Court Dismisses Tenant's Revision Application in Rent Dispute - Eviction Upheld Under Bombay Rent Act for Non-Payment of Arrears Before First Hearing Date

The High Court dismissed a revision application filed by the tenant challenging eviction orders passed under the Bombay Rent Act -- The landlord had p...

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High Court Dismisses Second Appeal in Land Dispute - Heirs of Appellant Fail to Restore Permanent Injunction Decree - Appellate Court's Modification of Injunction Upheld Under CPC

The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent inj...

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High Court Dismisses Second Appeal in Civil Land Dispute Due to Absence of Substantial Question of Law. Appellate Court's Factual Findings on Possession and Evidence Appreciation Upheld as Not Perverse Under Section 100 of Code of Civil Procedure, 1908.

The dispute concerned agricultural land in Survey No.517 at village Chitroda, where the appellants (original plaintiffs) sought permanent injunction a...