Search Results for "Section 105 CPC"

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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...
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Search Results for "Section 105 CPC"

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High Court

Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

18 Oct 2013

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

High Court

Bombay High Court Dismisses Condonation of Delay Application in Specific Performance Appeal — Limitation Period Not Extended by Pendency of Other Proceedings. The court held that the time spent in pursuing an application under Order IX Rule 13 CPC for setting aside an ex parte decree cannot be excluded for computing limitation for filing an appeal under Section 96 CPC against the original decree.

22 Dec 2018

The applicant, original defendant in a suit for specific performance of a Memorandum of Understanding dated 26-10-2007, faced an ex parte decree on 08...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Foreign Award Enforcement. Court holds that under the amended Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, only the High Court having jurisdiction over the subject matter of the award can entertain interim measures, not any court where assets are located.

9 Oct 2017

The petitioner, Trammo DMCC, a company incorporated in the UAE, obtained a foreign arbitral award against the respondent, Nagarjuna Fertilizers and Ch...

High Court

Bombay High Court Allows Liquidator's Challenge to Execution Proceedings, Dismisses Borrowers' Challenge to Recovery Certificate in Cooperative Society Dispute. The court held that the Civil Court has no jurisdiction to execute a recovery certificate under the Maharashtra Cooperative Societies Act, 1960, and the borrowers' remedy lies under Section 103 of the Act.

13 Jan 2022

The judgment involves two writ petitions arising from the same background concerning a cooperative society, 'Aamdar Balasaheb Thorat' Nagari Sahakari ...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

24 Aug 2023

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

High Court

High Court Dismisses Second Appeal in Land Dispute - Heirs of Appellant Fail to Restore Permanent Injunction Decree - Appellate Court&#039;s Modification of Injunction Upheld Under CPC

5 Jan 2026

The High Court dismissed a Second Appeal in a land dispute case where the appellants sought restoration of a Trial Court decree granting permanent inj...

High Court

Bombay High Court Allows Revision Against Execution Proceedings in Mortgage Suit — Decree Holder's Assignee Need Not Prove Legal Heirship Under Order 21 Rule 16 CPC. The Court Held That the Executing Court Cannot Go Behind the Decree to Examine the Validity of Assignment.

1 Oct 2013

The present Civil Revision Application arises from execution proceedings in a mortgage suit. The original decree holder, Kalubai, obtained a decree an...

High Court

Bombay High Court Dismisses Decree Holders' Challenge to Executing Court's Order Permitting Objector to Lead Evidence in Execution Proceedings. Executing Court Has Discretion to Allow Oral Evidence Under Order 21 Rule 105 CPC When Objector Raises Substantial Questions Regarding Executability of Decree.

10 Apr 2019

The petitioners, decree holders, filed two writ petitions challenging identical orders passed by the Court of Joint Civil Judge, Senior Division, Nagp...

High Court

Bombay High Court Grants Leave to Combine Causes of Action for Trademark Infringement and Passing Off Under Clause XIV of Letters Patent. Court Holds That Discovery at Preliminary Stage Is Limited to Documents Relevant to Preliminary Issues Under Section 9A CPC.

13 Feb 2014

The Petitioner, SabMiller India Ltd., filed a suit for perpetual injunction against M.P. Beer Products Pvt. Ltd. for infringement of its registered tr...

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