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Search Results for "CPC"

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High Court

High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Order VII Rule 11 CPC. The court upheld the Trial Court's decision, finding that objections based on Order II Rule 2 CPC, want of cause of action, and limitation require evidence and trial, not summary rejection under Order VII Rule 11 of the Code of Civil Procedure, 1908.

24 Apr 2026

The dispute arose from a development agreement and subsequent sale deed concerning 32 plots in Latur. The plaintiff, a co-owner, entered into a develo...

Supreme Court

Supreme Court Sets Aside Ex Parte Dismissal in Specific Performance Suit Due to Procedural Irregularity - Framing of Issues and Points for Determination Essential Even in Ex Parte Proceedings Under Code of Civil Procedure, 1908.

16 Apr 2026

The Supreme Court addressed an appeal concerning procedural obligations in ex parte civil suits, specifically whether absence of formal framing of iss...

Supreme Court

Supreme Court Corrects High Court's Erroneous Observations in Property Title Dispute Under Section 152 of the Code of Civil Procedure, 1908. The Court held that mischaracterization of claims and previous orders in the judgment required correction to prevent prejudice in pending civil proceedings, as the High Court had inverted the respondent's claim and misstated the effect of a prior order regarding property identity.

16 Apr 2026

The appeal arose from two orders of the High Court of Karnataka: a judgment dated 23.02.2024 in CRP No.131 of 2022 and an order dated 22.03.2024 dismi...

Supreme Court

Supreme Court Dismisses Husband's Petition in Dowry Prohibition Case Due to Statutory Immunity for Complainants. Section 7(3) of Dowry Prohibition Act, 1961 Protects Statements Made by Aggrieved Persons from Being Used to Prosecute Them for Giving Dowry, and No Independent Evidence of Cognizable Offence Was Presented.

16 Apr 2026

The dispute arose from matrimonial discord between a husband and wife, leading to criminal litigation. The wife filed FIR No. 03 of 2023 on 07.01.2023...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Dispute Over Indemnity Timing Under Consent Award. The Court held that an indemnity clause in a consent award creates immediate obligations to protect against liability recovery, not deferred until final confirmation by the highest court of appeal, under Sections 124 and 125 of the Indian Contract Act, 1872 and Section 36 of the Arbitration and Conciliation Act, 1996.

13 Apr 2026

The appeal arose from a judgment of the High Court of Delhi that deferred the execution of a consent award dated 01.03.2019, rendered by the Singapore...

Supreme Court

Supreme Court Quashes Executing Court's Orders Modifying Compromise Decree in Land Dispute - Executing Court Exceeded Jurisdiction by Altering Land Allotments Under Section 47 of Code of Civil Procedure, 1908. Modification Based on Practical Impracticalities Like Non-Sanctioned Constructions and Prior Sale to Third Party Held Impermissible as Decree Was Not Nullity and Land Identity Was Clear.

9 Apr 2026

The dispute arose from the execution of a compromise decree dated 14.07.2017 passed in Civil Suit No. 68 of 2012 concerning non-agricultural land in M...

Supreme Court

Supreme Court Reverses High Court Decision and Upholds Dismissal of Second Suit on Grounds of Res Judicata and Order II Rule 2 CPC. The Court held that the second suit was barred as it involved the same parties, subject matter, and cause of action as the first suit, and the High Court erred in interfering with concurrent findings under Section 100 CPC.

9 Apr 2026

The dispute originated from an adoption deed dated March 23, 1961, where Respondent allegedly adopted Channappa. In 2002, Respondent filed Suit-I (O.S...

Supreme Court

Supreme Court Upholds Decree for Specific Performance in Agreement to Sell Dispute Involving Agricultural Land. Court Applies Doctrine of Lis Pendens to Transfers Made During Litigation and Affirms Plaintiff's Readiness and Willingness Based on Documentary Evidence.

9 Apr 2026

The appeal arose from a suit for specific performance of an agreement to sell dated 18.07.1988, where the plaintiff agreed to purchase agricultural la...

Supreme Court

Supreme Court Allows Appeal in Maintenance Execution Case Due to High Court's Erroneous Dismissal of Writ Petition. The Court held that expeditious disposal of execution proceedings is essential to enforce maintenance orders and protect the interests of minor children under the Hindu Marriage Act, 1955, and Article 227 of the Constitution of India.

8 Apr 2026

The dispute arose between a husband and wife embroiled in acrimonious litigation spanning nearly a decade, with two minor sons as affected parties. Th...

High Court

High Court Dismisses Writ Petition Challenging School Tribunal's Order Allowing Amendment of Appeal Memorandum. Amendment Sought to Clarify Resignation Documents as Notice and Resignation Letter Was Held Permissible Under Order VI Rule 17 CPC Despite Being Filed After Conclusion of Final Arguments, as It Was Clarificatory and Not Prejudicial.

6 Apr 2026

The dispute arose from an appeal filed by a teacher challenging his resignation and seeking reinstatement under Section 9 of the Maharashtra Employees...

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