Search Results for "Execution Proceedings"

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High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...

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Bombay High Court Allows Revision Application in Suit for Permanent Injunction — Dispute Over Property Rights and Possession. Court Holds That Trial Court Erred in Dismissing Application Under Order 39 Rule 1 and 2 CPC Without Proper Application of Mind and Without Considering Prima Facie Case.

The revision application was filed by the applicants (original plaintiffs) challenging the order dated 23.11.2017 passed by the trial court dismissing...

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High Court of Karnataka Quashes Certificate Issued Under Section 101(1)(a) of Karnataka Co-operative Societies Act, 1959 for Non-Compliance with Mandatory Pre-Deposit Requirement. Execution Proceedings Based on Such Certificate Held Illegal and Without Jurisdiction.

The petitioner, Timmappa S/o Subraya Hegde, a judgment debtor, filed a writ petition under Articles 226 and 227 of the Constitution of India challengi...

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Bombay High Court Allows Appeal by MIDC in Contract Breach Case — No Binding Contract Without Work Order. Mere acceptance of tender does not create contractual obligations; formal work order essential under tender conditions.

The case involves an appeal by the Maharashtra Industrial Development Corporation (MIDC) against a decree passed in Special Civil Suit No.99/2009, whe...

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Bombay High Court Allows Husband's Petition Against Maintenance Order Under Domestic Violence Act — Interim Maintenance Cannot Be Granted Without Notice. Order Passed Without Notice Violates Natural Justice; Correction Under Section 465 CrPC Cannot Supply Missing Substantive Part.

The petitioner, Syed Naim, husband of respondent No.1, filed a criminal writ petition under Article 227 of the Constitution of India challenging the j...