Search Results for "defeat execution"

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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 "defeat execution"

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High Court

Bombay High Court Dismisses Petition Challenging Competent Authority's Order Under MOFA — Upholds Validity of Conveyance Deed Executed by Society. Court holds that the Competent Authority under Section 5-A of the Maharashtra Ownership Flats Act, 1963 has jurisdiction to direct execution of conveyance even after lapse of time, and that the petitioner's challenge based on alleged lack of authority was without merit.

9 Dec 2025

The petitioner, Lokmanya Pan Bazar Association Ltd., a guarantee company registered under the Companies Act, 1956, filed a civil writ petition under A...

High Court

Bombay High Court Dismisses Challenge to Cancellation of Dharavi Redevelopment Tender and Upholds Fresh Tender Process. The court held that the State's decision to cancel the earlier tender and re-tender was a policy decision based on changed circumstances and not arbitrary, and that the petitioner had no vested right to the award of the contract.

20 Dec 2024

The petitioner, SecLink Technologies Corporation, a company incorporated in Seychelles and lead member of a consortium, challenged the cancellation of...

Supreme Court

Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

18 Jul 2024

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

Supreme Court

Supreme Court Strikes Down Section 87 of Arbitration Act as Unconstitutional — Automatic Stay of Arbitral Awards Revived by 2019 Amendment Held Arbitrary and Violative of Article 14. The court held that the provision reintroducing automatic stay upon filing of a Section 34 application is manifestly arbitrary and contrary to the object of the 2015 Amendment Act.

27 Nov 2019

The judgment concerns a batch of writ petitions challenging the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, i...

High Court

Bombay High Court Allows Appeal in Attachment Before Judgment Case — Defendants Failed to Disclose Assets and Intended to Defeat Creditors. Order 38 Rule 5 CPC Attachment Granted as Plaintiffs Made Out a Prima Facie Case of Intent to Obstruct Execution.

6 Aug 2018

The appellants, original plaintiffs in Special Civil Suit No. 1437 of 2013, filed an appeal against the order of the Extra Joint Civil Judge Senior Di...

High Court

Bombay High Court Allows Plaintiff's Challenge to Compromise Decree in Suit for Specific Performance — Compromise Not Binding as Plaintiff's Advocate Had No Authority to Enter into Compromise Without Express Consent. The court held that an advocate's implied authority does not extend to compromising a suit without the client's express consent, and the trial court erred in rejecting the plaintiff's application under Order 23 Rule 3 CPC.

20 Jun 2016

The petitioner, Ashok Babulal Agrawal, was the original plaintiff in Special Civil Suit No. 29 of 2011 filed in the Court of Civil Judge, Senior Divis...

High Court

High Court of Karnataka Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The court held that the appellants failed to raise any substantial question of law, and the concurrent findings of the courts below regarding the validity of the gift deed and the plaintiff's lack of title were upheld.

22 Jul 2015

The appellants, legal representatives of the original plaintiff Smt. Subbamma, filed a Regular Second Appeal under Section 100 of the Code of Civil Pr...

High Court

Bombay High Court Dismisses Appeal in Partnership Dispute — Upholds Trial Court's Finding of No Partnership and Dismissal of Suit for Accounts. Court holds that mere sharing of profits does not establish a partnership under the Indian Partnership Act, 1932, and that the plaintiff failed to prove the existence of a partnership agreement.

27 Mar 2015

The appellant, Prem Kaliaandas Daryanani, filed a suit for dissolution of partnership and accounts against the respondents, alleging that they were pa...

High Court

Bombay High Court Allows Chamber Summons for Disclosure of Assets in Execution of Arbitral Award - Judgment Creditor Entitled to Examine Judgment Debtor's Guardian Under Order 21 Rule 41 CPC. Court directs guardian of lunatic judgment debtor to disclose assets and produce documents but declines arrest at this stage.

6 Sep 2013

The applicants, M/s. LA'Builde Associates, a partnership firm, were judgment creditors under an arbitral award dated 22nd April 2004 passed by sole ar...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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