Search Results for "third party obstruction"

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High Court of Karnataka Allows Appeal in Property Fraud Case, Reversing Dismissal of Suit for Declaration and Injunction. The court found that visible discrepancies in sale deeds and police complaint established fraud, making handwriting expert opinion not mandatory under evidence law.

The dispute arose from a suit filed by the plaintiff seeking declaration that four sale deeds executed in 2018 were null and void and not binding on h...

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Supreme Court Sets Aside Anticipatory Bail in Murder Case Due to Absconding Accused and Proclaimed Offender Status -- High Court's Direction for Surrender and Regular Bail Deemed Illegal Under CrPC and IPC

The Supreme Court allowed an appeal by the original complainant against the High Court's order granting anticipatory bail to the accused in a murder c...

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Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Share Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award rejecting claim for specific performance of oral agreement to transfer shares, finding no valid contract and no limitation bar.

The petitioner, Vijay Shivram Pathare, filed two writ petitions under Article 226 of the Constitution of India challenging an arbitral award dated 30 ...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...