Search Results for "third party obstruction"

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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 "third party obstruction"

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Supreme Court

Supreme Court Dismisses Third-Party Claim in Execution Proceedings -- Appellant Fails to Remove Property Attachment for Arbitral Award Recovery -- Mother of Company Director Cannot Defeat Creditor's Rights as Post-Award Purchaser

12 Feb 2026

The Supreme Court upheld the attachment of property in execution of an arbitral award, rejecting the third-party claim by Appellant who had purchased ...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Doctrine of Lis Pendens Applied to Protect Plaintiff's Rights Despite Concurrent Findings of Lower Courts. The Court held that an alienation made during the pendency of a suit is void against the decree-holder under Section 52 of the Transfer of Property Act, 1882, and that the First Appellate Court could not record a finding on fraud and collusion without cross-objections by the defendants under Order 41 Rule 22 CPC.

14 Oct 2024

The dispute arose from an agreement to sell dated 17.08.1990 executed by defendant no. 1 (Janraj Singh) in favour of the plaintiff (Daljit Singh) for ...

Supreme Court

Supreme Court Validates Sub-Classification of Scheduled Castes in Landmark Judgment. Upholding Equality Within Equality: Supreme Court Endorses State's Power to Sub-Classify Scheduled Castes for Targeted Reservation.

1 Aug 2024

The Supreme Court of India, in a significant ruling, has upheld the constitutionality of sub-classifying Scheduled Castes for the purpose of reservati...

High Court

High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

29 Aug 2023

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Favour of Contractor in Postal Department Contract Dispute — Claims for Idle Labour, Machinery, and Loss of Profit Held Not Supported by Evidence and Contrary to Contract Terms. The court held that an arbitrator cannot award damages for idle resources or loss of profit without proof of deployment or anticipated profits, and such awards are perverse and patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Feb 2020

The Petitioner, Union of India through the Postal Department, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challen...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution Decree in Property Dispute — No Jurisdictional Error Found in Trial Court's Order. Court held that objections under Order 21 Rule 97 CPC regarding obstruction in execution must be adjudicated on merits and cannot be rejected summarily without hearing parties.

15 Aug 2019

The petitioners, legal representatives of the original plaintiff Kumarpal N. Shah, filed a writ petition challenging an order dated 30th June 2018 pas...

High Court

Bombay High Court Allows Original Tenant to Recover Possession from Subsequent Tenant Inducted During Pendency of Execution Proceedings - Doctrine of Lis Pendens Applies to Post-Decree Proceedings Under Order XXI CPC. The court held that a person inducted during the pendency of an application under Order XXI Rule 97 or 99 CPC is a lis pendens inductee and cannot resist the original tenant's claim for possession.

28 Jun 2019

The case involves a dispute between two tenants over possession of a property. The landlord, Mohammed Usman Shaikh Umar, filed a suit for eviction aga...

High Court

Bombay High Court Dismisses Contempt Petition Against Shareholders for Alleged Scandalous Allegations in Legal Proceedings. Filing of false cases does not constitute criminal contempt unless it scandalizes the court or impedes administration of justice under Section 2(c) of Contempt of Courts Act, 1971.

31 Jan 2019

The petitioner, Housing Development Finance Corporation Limited (HDFC), filed a contempt petition against respondent shareholders Sureshchandra V. Par...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree as Gross Abuse of Process. Decree for eviction in Civil Suit No.71 of 2008 had attained finality up to the Supreme Court, and the petitioner, not being a party, sought to obstruct execution through a second round of litigation.

29 Nov 2018

The petitioner, Rajendra Ramakant Vedpathak, filed a writ petition under Article 227 of the Constitution of India challenging orders dated 17 November...

High Court

Bombay High Court Dismisses Developer's Petition for Interim Relief Under Section 9 of Arbitration Act — Dispute Over Possession of Flats for Redevelopment Not Arbitrable as Members Not Bound by Development Agreement. The court held that interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, cannot be granted against persons who are not parties to the arbitration agreement, and the members of the society were not bound by the arbitration clause in the development agreement.

8 May 2015

The petitioner, Shri Krishan Sai Development Corporation, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

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