Search Results for "Execution Proceedings"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Execution Proceedings"

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Supreme Court

Supreme Court Allows Appellant in Tender Dispute, Quashing High Court's Order and Permitting Project Completion. The Court held that judicial review in tender matters is limited to examining legality under Article 14 of the Constitution, and interference is unwarranted unless the decision is manifestly arbitrary, unjust, or mala fide, as per Tata Cellular v. Union of India.

21 Mar 2022

The dispute arose from a tender process initiated by the Road Construction Department of Jharkhand for the reconstruction of Nagaruntari–Dhurki–Am...

Supreme Court

Supreme Court Upholds Doctrine of Mutuality for Incorporated Clubs — Supply of Food and Drinks to Members Not Taxable as Sale. The Court held that Article 366(29-A)(e) does not override the mutuality principle and that incorporated clubs acting as agents of their members do not effect a 'sale' under sales tax laws.

3 Oct 2019

The Supreme Court in this batch of appeals considered the applicability of the doctrine of mutuality to incorporated clubs after the 46th Amendment to...

High Court

Bombay High Court Quashes Absorption Order in Favor of Municipal Corporation in Contract Labour Dispute — Industrial Court's Direction to Absorb Contract Workers Without Proper Adjudication of Employer-Employee Relationship Set Aside.

18 Oct 2023

The Kalyan Dombivali Municipal Corporation filed a writ petition challenging an Award dated 12 January 2017 passed by the Industrial Court, Thane. The...

High Court

Bombay High Court Dismisses Writ Petition Challenging Cooperative Court Order in Housing Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under Maharashtra Co-operative Societies Act, 1960. The court held that any dispute touching the business of a cooperative society between the society and its members falls within the exclusive jurisdiction of the Cooperative Court under Section 91 of the MCS Act, and civil courts are barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Court Order in Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under MCS Act, 1960. The court held that the dispute regarding common amenities and parking spaces between a cooperative housing society and its members is exclusively triable by the Cooperative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and civil court jurisdiction is barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Allows Petitions Against Stop Work Notice and Demolition Order in Cantonment Area — Holds That Repair of Old Grant Bungalow Does Not Require Prior Permission Under Revised Land Policy of 1995.

16 Oct 2020

The petitioners, legal heirs of late Smt. Homai Nussarwanji Pudumjee, were occupancy holders of bungalow No.6, Maneckji Mehta Road, Pune, an old grant...

High Court

Bombay High Court Allows Decree Holder's Petition Challenging Executing Court's Order Permitting Judgment Debtor to Raise Pre-Decree Payment Defence. Pre-decree payments cannot be set up in execution under Section 47 CPC as they ought to have been raised in the suit.

7 Jun 2011

The petitioner, Paackinindia, a registered partnership firm, obtained a decree in Special Summary Suit No. 58 of 2008 against the respondent, VSR Food...

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

High Court

Bombay High Court Quashes Executing Court's Stay Order in Execution Proceedings — Judgment Debtor Cannot Secure Indirectly What Appellate Court Directly Declined. The Executing Court's reliance on Order XXI Rule 26 and Order XXI Rule 29 CPC was misplaced as the appellate court had already declined interim relief in the second appeal.

15 Apr 2019

The petitioner, Sarjerao Krishnarao Kadam, was the decree-holder in a civil suit. The respondents, Uday Ramrao Thorat and others, were the judgment-de...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holds That Purchaser of Property During Pendency of Suit Is Bound by Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882, and That Will Deed Must Be Proved in Accordance with Law. The court held that the appellant, who purchased the property during the pendency of the suit, is bound by the decree, and the will deed was not duly proved as attesting witnesses were not examined.

18 Nov 2019

The case involves a second appeal arising from a partition suit. The original plaintiffs, Shivaji and Kamlabai, claimed a 1/3rd share in the propertie...

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