Search Results for "suit infructuous"

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Search Results for "suit infructuous"

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High Court

Madras High Court Allows Revision Petition Filed by Judgment Debtors Against Execution Orders Passed During Pendency of Appeal with Delay Condonation Application. Executing Court's Orders Set Aside and Possession Restored as Execution Proceedings Were Premature and Without Jurisdiction.

24 Feb 2026

The present Civil Revision Petition was filed by the petitioners, who were defendants in O.S.No.54 of 2010 on the file of the Subordinate Court, Valli...

High Court

High Court Allows Appeal in Land Dispute, Grants Interim Injunction Against Creating Third-Party Rights. Appellants Challenge Trial Court's Rejection of Injunction in Property Recovery Suit

17 Feb 2026

The Appellants, filed an Appeal from Order under Section 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC), challenging the ...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

Bombay High Court Allows Writ Petition for Gratuity and Leave Encashment Against OBC Corporation — Employee Entitled to Benefits Despite Non-Adoption of Payment of Gratuity Act. Non-adoption of Payment of Gratuity Act, 1972 by employer does not disentitle employee to gratuity if establishment is covered under the Act; leave encashment is a contractual right.

7 May 2021

The petitioners, legal heirs of the original petitioner Nagesh Jagdishrao Deshpande, filed a writ petition under Article 226 of the Constitution of In...

High Court

High Court of Karnataka Disposes Civil Revision Petition as Infructuous in Small Causes Court Eviction Matter — Petition Dismissed Without Adjudication on Merits. Petitioner's Counsel Submitted Petition Had Become Infructuous, Leading to Disposal Without Any Legal Determination.

2 Jul 2020

The case involves a civil revision petition filed by Muneer Pasha under Section 18 of the Small Causes Courts Act against a judgment and decree dated ...

High Court

Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

2 May 2019

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...

High Court

Special Court at Bombay Allows Recovery Suit Against Notified Person Under Special Court Act, 1992 — Custodian's Claim for Notified Property Rejected Due to Lack of Evidence of Tainted Transaction. The court held that the suit for recovery of Rs. 6 Crores is maintainable and the Custodian failed to prove that the property is notified property under Section 3 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992.

31 Jan 2019

The plaintiffs, Smt. Jyoti H. Mehta, Shri Ashwin S. Mehta, and M/s. ZEST Holdings Pvt. Ltd., filed Special Court Suit No. 1 of 2017 before the Special...

High Court

Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

6 May 2016

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

High Court

Bombay High Court Dismisses Appeal as Infructuous in Banking Dispute Due to Transfer of Suit to Debts Recovery Tribunal. Appeal becomes infructuous when the underlying summary suit is transferred to the Debts Recovery Tribunal and disposed of, leaving no live controversy.

2 Aug 2005

The appeal arose from a summary suit filed by Punjab & Sind Bank against the appellants and others. During the pendency of the appeal, the suit was tr...

High Court

Bombay High Court Dismisses Appeal as Infructuous in Banking Dispute Due to Transfer and Disposal of Original Suit by Debts Recovery Tribunal. Appeal arising from summary suit becomes infructuous when the original suit is transferred to and disposed of by the Debts Recovery Tribunal.

2 Aug 2005

The appeal arose from a summary suit filed by Punjab & Sind Bank against the appellants and others. During the pendency of the appeal, the original su...

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