Search Results for "solemn undertaking"

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Search Results for "solemn undertaking"

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High Court

Bombay High Court Dismisses Contempt Petition for Alleged Breach of Consent Order in Property Dispute. Court holds that undertaking to vacate premises by a specified date does not constitute an unequivocal undertaking to the court, and breach of a consent term does not automatically amount to civil contempt under the Contempt of Courts Act, 1971.

31 Oct 2018

The Petitioner, Mr. Swaranjeet Singh, filed a contempt petition alleging breach of a consent order and an undertaking given to the court in Suit No.25...

Supreme Court

Supreme Court Upholds Contempt Conviction for Breach of Undertaking in Loan Recovery Proceedings. Directors' Failure to Honour Court Undertaking Despite Multiple Opportunities Constitutes Wilful Contempt Under Contempt of Courts Act, 1971, Sections 10 and 12.

9 Aug 2021

The Supreme Court considered a special leave petition challenging contempt convictions for breach of an undertaking given during loan recovery proceed...

High Court

Bombay High Court Dismisses Appeal as Withdrawn in Municipal Corporation Dispute Based on Undertaking to Remove Structure. Appellant Granted Time to Remove Suit Structure by 31-5-2005, Corporation Restrained from Demolition Until Then.

18 Feb 2005

The appellant, Indrakumar Sundarji Parmar, filed an appeal against the Municipal Corporation of Greater Bombay concerning a suit structure. The appell...

Supreme Court

Supreme Court Upholds Contempt for Breach of Undertaking in Civil Suit — Disobedience of Undertaking Not Erased by Subsequent Dismissal of Suit. The Court held that an undertaking given to a court is binding and its willful disobedience constitutes contempt under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, regardless of the outcome of the main suit.

5 Mar 2025

The case arises from a civil suit where the plaintiffs sought to revoke a Joint Development Agreement (JDA) dated 30th April 2004. During the pendency...

High Court

Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

Supreme Court

Supreme Court Holds Contemnors Guilty for Breach of Undertakings in Enforcement of Foreign Arbitral Award. Repeated assurances to court regarding protection of assets were violated by transferring shares, constituting civil contempt under Article 129 of the Constitution.

15 Nov 2019

The case arises from a dispute between Daiichi Sankyo Company Limited (the petitioner) and the respondents in Special Leave Petition (Civil) No.20417 ...

High Court

Bombay High Court Strikes Out Defence and Orders Detention for Persistent Breach of Court Orders and Undertaking in Suit Premises Dispute. The court held that wilful disobedience of court orders and breach of undertaking warrants striking out of defence and civil imprisonment under Order XXXIX Rule 2A CPC.

4 Mar 2005

The plaintiff, Feroze Homi Duggan, filed a Notice of Motion in Suit No. 4847 of 1995 seeking to strike off the defence of defendant nos.1 to 5 and 10 ...

High Court

Bombay High Court Strikes Out Defence and Orders Detention for Breach of Undertaking in Suit for Possession and Royalty. Persistent non-compliance with court orders regarding payment of royalty and execution of agency agreement leads to striking out of defence and civil imprisonment.

4 Mar 2005

The plaintiff, Feroze Homi Duggan, filed a suit against Benzer Interiors Pvt. Ltd. and others seeking possession of suit premises and recovery of roya...

High Court

Bombay High Court Dismisses Application to Set Aside Consent Terms in Eviction Suit Due to Breach of Undertaking and Delay. Applicants who gave a solemn undertaking to vacate premises by 31st December 2016 and violated it cannot be permitted to resile from consent terms after 12 years.

10 Jul 2018

The case arises from a long-standing eviction dispute. The respondent-plaintiff (licensor) instituted S.C. Suit No. 869 of 1975 against the applicants...

Supreme Court

Supreme Court Sets Aside Bail Granted to Accused in Lakhimpur Kheri Violence Case. The Court Held That the High Court Erred in Granting Bail by Overlooking the Gravity of the Offence and the Victim's Right to Be Heard Under Section 2(wa) Cr.P.C.

26 Apr 2022

The Supreme Court set aside the bail granted by the Allahabad High Court to Ashish Mishra @ Monu, the main accused in the Lakhimpur Kheri violence cas...

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