Search Results for "Execution Proceedings"

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Bombay High Court at Goa Dismisses Revision Against Rejection of Plaint Rejection Application in Property Suit. Held that the plaint discloses a cause of action and is not barred by limitation or res judicata under Order 7 Rule 11 CPC.

The petitioner, Dr. Suresh Bhalchandra Shetye, was the original defendant no.1 in a suit filed by the respondents (original plaintiffs) seeking partit...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...

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Bombay High Court Allows Release of Seized Vehicle in Wildlife Offence Case — Truck Not Automatically Government Property Upon Seizure Under Wild Life (Protection) Act, 1972. Interim Custody Granted Pending Trial as Forfeiture Requires Conviction Under Section 51 of the Act.

The applicant, Jagjeet Singh Kalsi, filed a criminal application under Section 482 CrPC challenging the orders of the Judicial Magistrate First Class,...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Partnership Dispute Due to Lack of Written Arbitration Agreement. Section 11 Application Under Arbitration and Conciliation Act, 1996 Fails as Alleged Partnership Deed of 1975 Not Produced and No Arbitration Clause Established.

The applicant, Yashvant Chunilal Mody, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a s...

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Bombay High Court Allows Second Appeal in Execution Objection Case — Third Party Objectors Entitled to Hearing Under Order 21 Rule 97 CPC. Court holds that objections by third parties claiming ownership of property in execution must be adjudicated on merits, not summarily rejected.

The case arises from execution proceedings in Regular Civil Suit No. 8 of 1995, where the trial court passed a decree on 27.08.1999 in favor of the pl...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell and Possessory Receipts Established Plaintiff's Continuous Readiness Under Section 16(c) of Specific Relief Act, 1963.

The case involves a second appeal filed by the legal heirs of the original defendant against a decree for specific performance of an agreement to sell...