Search Results for "injunction against alienation"

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Search Results for "injunction against alienation"

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Supreme Court

Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

6 Feb 2026

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

High Court

Bombay High Court Grants Interim Reliefs to Protect Estate of Deceased Testatrix in Administration Suit Pending Probate — Court Receiver Appointed for Inventory and Injunction Against Alienation of Flat. The court held that a suit for administration is maintainable even before grant of probate and that interim protection is necessary to prevent dissipation of assets under the Indian Succession Act, 1925.

23 Sep 2024

The suit was filed by Nina Anwar Merchant, the plaintiff, seeking administration of the estate of late Gulshan Rehman Meghani (testatrix) in accordanc...

Supreme Court

Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

7 May 2019

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

High Court

High Court of Karnataka Upholds Trial Court's Valuation of Suit for Declaration and Injunction Under Karnataka Court Fee and Suit Valuation Act, 1958 — Suit for Declaration That Sale Deed Is Null and Void Is Properly Valued Under Section 26(c) Read with Section 24(d) of the Act.

24 Apr 2015

The defendant filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 30.7.2013 passed by the I Addit...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Suit for Declaration and Injunction — Held that Balance of Convenience Lies in Favour of Defendants and No Irreparable Loss Would Be Caused to Plaintiff. The plaintiff failed to establish a prima facie case for injunction under Order 39 Rules 1 and 2 CPC as the property was in the name of the partnership firm and not the plaintiff individually.

8 Feb 2013

The petitioner, Lt. Col. (Retd.) Shri Padmanabh Anantrao Panditrao, filed a suit in the Civil Judge, Senior Division, Kolhapur, seeking a declaration ...

High Court

Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

6 Sep 2005

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

High Court

Bombay High Court Dismisses Builder's Appeal in Specific Performance Suit — Agreement for Development Not Concluded Due to Missing Essential Terms. Failure to Prove Concluded Contract for Sale of Land as Agreement Lacked Certainty of Terms and Was Subject to Further Negotiations.

1 Mar 2005

The appellant, Ramesh Amarnath Malhotra, a builder and developer trading as Deonar Development Corporation, filed a suit for specific performance of a...

High Court

Bombay High Court Allows Interim Application in Suit for Declaration and Injunction — Dispute Over Ownership of Flat and Alleged Forged Power of Attorney. Court Restrains Respondent No.1 from Creating Third-Party Rights Over Flat Pending Trial, Holding That Prima Facie Case and Balance of Convenience Favor Applicant.

30 Nov -0001

The applicant, Santsaran Gursaran Advani Alias Papan Advani, filed a suit seeking declaration of ownership and permanent injunction against the respon...

High Court

Bombay High Court Dismisses Appeals Against Injunction in Property Dispute. Court Upholds Trial Court's Order Restraining Alienation of Property Pending Suit Under Order 39 Rules 1 and 2 CPC.

30 Nov -0001

The judgment arises from two appeals filed against an order of the Civil Judge, Senior Division, Ponda, granting temporary injunction in favor of the ...

High Court

Bombay High Court Dismisses Cooperative Bank's Writ Petitions Challenging Recovery Certificate and Auction Sale — Upholds Validity of Sale Certificate Issued Under Maharashtra Cooperative Societies Act, 1960. The court held that the sale certificate under Section 99 is conclusive evidence of title and the recovery certificate under Section 101 is final and binding, barring writ jurisdiction.

30 Nov -0001

The petitioner, Sangli Sahakari Bank Ltd., a cooperative bank registered under the Maharashtra Cooperative Societies Act, 1960, filed three writ petit...

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