Search Results for "attachment without authority"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "attachment without authority"

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High Court

Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

24 Jun 2026

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

High Court

Gujarat High Court Quashes Attachment Order in Execution Proceedings Due to Lack of Notice Under Order 21 Rule 54 CPC. Petitioners' Property Attached Without Prior Notice Despite Being Third-Party Purchasers, Violating Principles of Natural Justice.

5 Mar 2026

The petitioners, Shashikant Arvindkumar Rajput and others, filed a petition under Article 227 of the Constitution of India challenging an order dated ...

High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

High Court

High Court of Karnataka Allows Canara Bank's Petition to Quash Provisional Attachment Order Under PMLA — Priority of Secured Creditor Over Enforcement Directorate Upheld. The court held that under Section 26E of SARFAESI Act, 2002, a secured creditor has priority over the Enforcement Directorate in respect of mortgaged property, and the provisional attachment under PMLA cannot defeat the rights of the secured creditor.

10 Jun 2024

The petitioner, Canara Bank, a secured creditor, had advanced loans to the third respondent, Iqbal Ahmed, who mortgaged his property in favour of the ...

High Court

Bombay High Court Discharges Respondents in Suo Motu Criminal Contempt for Alleged Willful Disobedience of Court Orders. Court holds that mere breach of undertaking does not constitute criminal contempt unless it scandalizes or lowers authority of court.

28 Aug 2018

The High Court of Bombay initiated suo motu criminal contempt proceedings against respondent no.1 (M.N. Navale, President of Sinhgad Technical Educati...

High Court

Bombay High Court Dismisses Revision Against Decree Under Section 6 of Specific Relief Act — Auction Purchaser Cannot Dispossess Without Due Process. Prior Possession and Forcible Dispossession Within Six Months Entitle Plaintiff to Restoration Irrespective of Title.

5 Apr 2018

The case involves a Civil Revision Application filed by Mr. Kadir Ilahi Bagwan (applicant) challenging the judgment and order dated 25th July 2016 pas...

High Court

Bombay High Court Quashes Attachment of Bank Account in EPF Damages Recovery — Violation of Interim Stay Order. Attachment of current account for recovery of damages under Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 set aside as it was made during pendency of writ petition challenging the damages order, in breach of interim protection granted by the Court.

12 Mar 2018

The petitioner, M/s Unity Security Force & Training Institute, a proprietary concern registered under the Mumbai Shops & Establishment Act, 1948, file...

High Court

Bombay High Court Allows Appeal Against Dismissal of Claim for Raising Attachment in Execution Proceedings — Registered Transfer of Property Must Be Adjudicated on Merits. The Court held that the Executing Court cannot summarily reject a claim based on a registered deed of transfer without proper inquiry under Order 21 Rule 58 of the Code of Civil Procedure, 1908.

13 Jun 2013

The appeal arises from an order of the learned Single Judge dated 18 June 2012 dismissing a Chamber Summons taken out by the Appellant for raising an ...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Cooperative Bank Dispute for Exceeding Jurisdiction Under MSCS Act and Arbitration Act. Arbitrator's Directions Against Employer and Appointment of Receiver Held Impermissible.

5 Jan 2011

The petitioner, Mr. Ratansi R. Gada, a principal borrower from Abhyudaya Cooperative Bank Ltd., challenged an arbitral award passed by an arbitrator a...

High Court

Bombay High Court Allows Organ Transplant Petitions Under Transplantation of Human Organs Act, 1994 — Directs Authorization Committee to Reconsider Applications Without Insisting on Near Relative Donation. Court holds that the Authorization Committee must consider each case on its own merits and cannot reject applications solely because the donor is not a near relative, provided other statutory requirements are satisfied.

30 Nov -0001

The judgment involves four writ petitions filed by individuals seeking organ transplants. The petitioners, including Master Siddhant Vikram Pal (a min...

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