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High Court

High Court Quashes Trial Court Order Appointing Court Commissioner in Encroachment Suit as Premature Before Plaintiff's Evidence. Appointment Under Section 75 Read with Order 26 Rule 9 of Code of Civil Procedure, 1908, is Impermissible for Evidence Collection When Plaintiff Has Not Yet Discharged Burden of Proof in Mandatory Injunction Suit Regarding Government-Acquired Land.

24 Mar 2026

The High Court of Judicature at Bombay, Aurangabad Bench, heard a writ petition challenging an order dated 18.07.2024 passed by the Civil Judge, Senio...

High Court

Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

20 Feb 2025

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

High Court

Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

20 Feb 2025

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

Supreme Court

Supreme Court Dismisses Appeal Against Deletion of Party in Execution Proceedings — Delay and Abuse of Process by Legal Heir Claiming Tenancy Rights. The court held that the appellant's belated application under Order I Rule 10(2) CPC was an abuse of process aimed at delaying execution of a decree for specific performance that had attained finality.

1 Jan 2025

The present appeal arises from a judgment of the High Court of Kerala dismissing the appellant's original petition and affirming the Trial Court's ord...

High Court

Resolution of Property Dispute Through Legal Validation and Evidence

18 Oct 2024

A property dispute between M/s Honesty Land Developers and the defendants, where the appellants claim possession and ownership of certain plots in Aur...

High Court

Permission to Adduce Secondary Evidence Granted Despite Objections – Bombay High Court Sets Aside Lower Court’s Order. High Court allows petitioner to submit photocopy of lost notarized will as secondary evidence, noting sufficient explanation for loss.

15 Oct 2024

The Bombay High Court ruled in favor of the petitioner, permitting secondary evidence of a notarized will through a photocopy, after he claimed the or...

Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. The court allowed the petition after the petitioners paid stamp duty and penalty under the Karnataka Stamp Act, 1957, curing the defect in the unstamped Hotel Management Agreement containing the arbitration clause.

25 Jan 2022

The petition was filed under Section 11(6) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, by Intercontinental Hotels Group...

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