Search Results for "execution dismissal default"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "execution dismissal default"

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Supreme Court

Supreme Court Refers to Larger Bench Question of Maintainability of Review Petition After Dismissal of SLP in Limine. The issue is whether a review petition is maintainable before the High Court after the Supreme Court dismisses a special leave petition without granting leave, particularly when the dismissal is in limine and by a non-speaking order.

1 Mar 2019

The case arises from a money suit filed by the respondent (a cooperative sugar factory under liquidation) against the appellant (Khoday Distilleries L...

High Court

Madras High Court Allows Revision Petition Against DRAT Order in SARFAESI Act Matter — Petitioner Company Challenges Rejection of Securitisation Application as Not Maintainable. Court Holds That a Borrower Can Maintain a Securitisation Application Under Section 17 of the SARFAESI Act Even After the Underlying Debt Has Been Assigned to an Asset Reconstruction Company, Provided the Borrower Continues to Be an 'Aggrieved Person'.

4 Feb 2026

The petitioner, ETA Engineering Private Limited, a company engaged in HVAC and EPC contracts, had availed financial assistance from the respondent, Ja...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Order XXI Rule 58 CPC Claim Dismissed as Not Maintainable Due to Prior Attachment and Lack of Possession. The court held that a claim petition under Order XXI Rule 58 CPC is not maintainable when the property was attached before judgment and the claimant was not in possession at the time of attachment.

23 May 2018

The appellant, Swamy H.L., filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 19.09.2008 passed by the First Ap...

High Court

High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

8 Feb 2019

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

24 Aug 2023

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Sale Agreement Due to Failure to Prove Readiness and Willingness. Appellants failed to demonstrate financial capacity and timely performance under the Specific Relief Act, 1963.

12 Jan 2010

The appellants, Hemant M. Deshmukh, Ashok Varma, and Gyanchand D. Oswal, filed a suit for specific performance of an agreement of sale dated 21/12/199...

High Court

Bombay High Court Allows Refund of Stamp Duty Under Section 48 of Maharashtra Stamp Act, 1958 When Agreement to Purchase is Cancelled Due to Developer's Default. The court held that since no conveyance deed was executed and the agreement was cancelled due to developer's default, the petitioner is entitled to refund of stamp duty under Section 48 of the Maharashtra Stamp Act, 1958.

11 Jan 2024

The petitioner, Satish Buba Shetty, a retired bank official, entered into an Agreement to Purchase a flat with M/s. Vijaykamal Properties Private Limi...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration of Suit — Limitation Period for Filing Restoration Application Not Governed by Article 137 of Limitation Act, 1963. The court upheld the trial court's order condoning a 10-year delay in filing restoration application, holding that Article 137 does not apply to restoration applications and the court has inherent power under Section 151 CPC.

14 Dec 2022

The present Civil Revision Application was filed by the applicants (original defendants) challenging the judgment and order dated 04.05.2022 passed by...

High Court

Bombay High Court Hears Arbitration Petition Under Section 34 of the Arbitration & Conciliation Act, 1996 Challenging Arbitral Award Directing Satisfaction of Mortgage and Reassignment of Property. The Arbitral Award Had Directed the Mortgagor to Reassign Premises and Pay Outstanding Dues, Which the Legal Heirs of the Deceased Petitioner Contested on Various Grounds Including Improper Impleadment of Legal Representatives.

29 Oct 2010

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an award dated 1st December,...

Supreme Court

Supreme Court Dismisses Tenants' Appeals in West Bengal Eviction Case — Limitation Act Not Applicable to Section 7(2) Application Under West Bengal Premises Tenancy Act, 1997. The Court held that the time limits under Section 7(2) are mandatory and only one extension of up to two months is permissible, and Section 5 of the Limitation Act, 1963 does not apply.

13 Aug 2019

The appeals arose from eviction petitions filed by the respondent-landlord against the appellants-tenants under the West Bengal Premises Tenancy Act, ...

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