Search Results for "Order XXI Rule 106"

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Search Results for "Order XXI Rule 106"

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High Court

High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

17 Sep 2018

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

High Court

High Court of Judicature at Bombay Allows Decree-Holder in Execution of Possession Decree Under Code of Civil Procedure, 1908. Subsequent Purchasers Claiming Through Judgment Debtor Cannot Claim Better Right to Obstruct Decree Under Order 21 Rule 35 CPC.

30 Sep 2021

The writ petition arose from execution proceedings concerning a decree for possession of agricultural land. The original plaintiff, Smt. Anjanabai Tat...

High Court

High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

5 Mar 2012

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

High Court

Bombay High Court Dismisses Petition Seeking Restoration of Execution Application Due to Abatement — Execution Application Abates on Death of Judgment-Debtor if Legal Representatives Not Brought on Record Within Limitation Under Order 22 Rule 12 CPC.

7 Sep 2017

The petitioners, original defendants in a civil suit, challenged the order dated 04.07.2015 rejecting their MARJI No.527/2012 seeking restoration of R...

High Court

High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

27 Sep 2024

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

High Court

High Court of Judicature at Bombay Hears Arbitration Petitions Challenging Arbitral Awards in Real Estate Development Dispute — Awards Dated 22-23 April 2022 in Favour of Claimants. Court considers whether awards passed under Arbitration and Conciliation Act, 1996 in relation to allotment and development of plots in Arrow City Manhattan Project are liable to be set aside, especially given arbitrator's adoption of findings from Claim No.5 across other claims.

21 Feb 2024

The Bombay High Court heard a batch of connected arbitration petitions filed by Arrow Engineering Limited challenging arbitral awards passed in favour...

High Court

Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

22 Dec 2005

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

High Court

Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Probationer Teacher. Rule 16(2) of MEPS Rules Mandates Notice Before Concluding Voluntary Abandonment of Employment.

6 May 2016

The petitioner, Magasvargiya Shikshan Sanstha, a school management, challenged the judgment and order dated 24.9.2015 of the School Tribunal, Aurangab...

High Court

Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

10 May 2013

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

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