Search Results for "Due Procedure"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Due Procedure"

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High Court

Bombay High Court Quashes Prohibitory Order Against Contractor in EPF Recovery Proceedings — Third Party Debtor Cannot Be Restrained Without Proper Adjudication Under Section 8G of EPF Act. The court held that a prohibitory order under Section 8G of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 requires prior determination of the debt owed by the third party to the employer, and cannot be issued solely on the basis of a recovery certificate against the employer.

18 Nov 2025

The petitioner, B.T. Kadlag Constructions, a private limited company, filed a writ petition under Article 227 of the Constitution of India challenging...

High Court

Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

25 Sep 2013

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

High Court

High Court of Bombay at Goa Allows Amendment of Written Statement in Civil Suit — Emphasizes Liberal Approach to Pleadings Under Order 6 Rule 17 CPC. The court set aside the trial court's rejection of the defendants' amendment application, holding that the explanation of reliance on counsel's opinion constituted due diligence and the amendment was necessary to decide the real controversy.

11 Apr 2014

The petitioners, original defendants in Regular Civil Suit No. 20/2010/A, filed an application under Order 6 Rule 17 of the Code of Civil Procedure, 1...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Allows Impleadment of Legal Heirs in Suit for Declaration and Injunction — Amendment Sought at Final Stage Allowed to Avoid Multiplicity of Litigation. The court held that Order 1 Rule 10(2) CPC permits impleadment of necessary parties at any stage to effectuate complete adjudication and avoid multiplicity.

23 Sep 2014

The petitioners, original plaintiffs, filed a suit for declaration and injunction contending that a sale deed executed in favor of deceased Vijay Josh...

High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

High Court

High Court of Bombay Upholds Rejection of Amendment to Written Statement in Eviction Suit; No Due Diligence Shown After Commencement of Trial. Tenant's Application to Add Waiver Plea Based on Municipal Tax Payments Fails Under Order 6 Rule 17 CPC as Knowledge of Tax Payments Existed Throughout.

20 Oct 2006

The matter arose from a suit for eviction and mesne profits filed by the landlord against the tenant in the Small Causes Court at Mumbai. The landlord...

High Court

High Court Dismisses Writ Petition Challenging School Tribunal's Order Allowing Amendment of Appeal Memorandum. Amendment Sought to Clarify Resignation Documents as Notice and Resignation Letter Was Held Permissible Under Order VI Rule 17 CPC Despite Being Filed After Conclusion of Final Arguments, as It Was Clarificatory and Not Prejudicial.

6 Apr 2026

The dispute arose from an appeal filed by a teacher challenging his resignation and seeking reinstatement under Section 9 of the Maharashtra Employees...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRAT's Pre-Deposit Order Under SARFAESI Act. Pre-deposit of 30% of Amount Due Under Section 18(1) of SARFAESI Act is Mandatory and DRAT Has No Discretion to Waive It.

15 Nov 2011

The petitioner, Shree Vindhya Paper Mills Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 4 November 2011, which requir...

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