Search Results for "Execution petition maintainability"

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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 "Execution petition maintainability"

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High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Rejection of Technical Bid in Public Tender. Court upholds Tender Evaluation Committee's decision that petitioner failed to meet essential eligibility condition regarding submission of work completion certificate for similar work.

29 Jun 2026

The petitioner, Dinesh Gopal Keny, a registered Class IA contractor with over three decades of experience, challenged the rejection of his technical b...

High Court

Bombay High Court Dismisses Petition Challenging Industrial Court Order in Trainee Dispute — Transfer of Business Does Not Automatically Terminate Trainee Agreements. The court held that trainees are not employees under the Industrial Disputes Act, 1947, but the transferor company remains liable to provide training as per agreements unless novation occurs.

5 Apr 2019

The petitioner, M/s. Vidyut Metallics Pvt. Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order da...

High Court

High Court of Karnataka Allows Decree Holder to Execute Two Separate Decrees in Single Execution Petition Under Order 21 Rule 11 CPC — No Bar Against Combining Claims in Execution. The court set aside the executing court's order directing amendment to restrict claim to one transaction, holding that CPC does not prohibit combining multiple decrees in one execution petition.

29 Apr 2016

The petitioner, PAFCO 2916 Inc., a company incorporated in the USA, obtained two separate decrees against the respondent, Kingfisher Airlines Limited,...

High Court

High Court of Bombay Sets Aside Dismissal of Arbitration Petition as Time-Barred — Finding No Valid Service of Award Where Postal Endorsements Showed Addressee Not Found. Section 34 Petition Held Within Limitation as Limitation Commences Only from Actual Receipt of Award Copy Under Section 31(5) of Arbitration and Conciliation Act, 1996.

4 May 2018

The appeal arose from a dispute over a software supply contract between the appellant, Logic Eastern India Pvt. Ltd., and the respondent, KEC Internat...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Children from Mother in Cross-Border Dispute. Court holds that habeas corpus is not maintainable when children are in lawful custody of their mother and custody issues are pending before foreign court.

18 Nov 2022

The petitioner, Deepak Malani, filed a writ of habeas corpus before the Bombay High Court seeking production of his two minor children, Tiana (aged 8)...

Supreme Court

Supreme Court Upholds Contempt Proceedings Against Award Debtors for Wilful Disobedience of Court Orders in Arbitration Execution. The Court held that failure to comply with conditional orders for deposit of arbitral award amounts constitutes civil contempt under Section 2(b) of the Contempt of Courts Act, 1971, as it demonstrates wilful disobedience and undermines judicial authority.

10 Mar 2022

The contempt petition was filed by the award creditor, Urban Infrastructure Real Estate Fund, against the respondents for alleged wilful disobedience ...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute, Upholding High Court's Decree for Possession and Injunction. The Court held that the suit was not under Section 6 of the Specific Relief Act, 1963, making the appeal competent, and rejected belated applications for amendment of written statement and additional grounds at the appellate stage.

29 Mar 2023

The dispute originated from a suit filed by the plaintiff (respondent) seeking permanent injunction and later amended to include prayers for possessio...

High Court

Bombay High Court Examines Maintainability of Objection in Execution Proceedings Regarding Slums Act Permission. The appeal arises from a Single Judge's order remanding the matter to Executing Court to consider the effect of a Competent Authority's order on the requirement of prior permission under Section 22 of Maharashtra Slum Areas Act.

20 Aug 2013

The appeal arose from a judgment of a Single Judge in a writ petition concerning execution of a decree for eviction passed under the Maharashtra Rent ...

High Court

Karnataka High Court Quashes RERA Authority's Refund Order Against Builder for Lack of Jurisdiction as Project Was Completed Before RERA Act Came Into Force. The Court held that the Real Estate (Regulation and Development) Act, 2016 applies only to ongoing projects where completion certificate is not issued, and since partial occupancy certificate was issued prior to the Act, the complaint was not maintainable and the order was without jurisdiction.

2 Jan 2023

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India by M/s Provident Housing Limited, a real estate deve...

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