Search Results for "compromise arrangement"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "compromise arrangement"

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Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

High Court

High Court of Karnataka Quashes Order in Partition Suit Execution Proceedings for Non-Compliance with Order XX Rule 18 CPC. Decree Not Drawn in Terms of Compromise, Execution Petition Held Not Maintainable.

4 Mar 2021

The petitioners, who were plaintiffs in a partition suit (O.S.No.114/1990), filed a writ petition under Articles 226 and 227 of the Constitution of In...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Family Settlement Memorandum Registration. Court holds that memorandum recording pre-existing family arrangement does not require registration under Indian Registration Act, 1908, and parties acting upon it are estopped from resiling.

31 Jul 2020

The appeal arose from a judgment of the High Court of Punjab and Haryana at Chandigarh in a second appeal, which reversed the first appellate court's ...

High Court

Bombay High Court Dismisses Arbitration Petition as Settled Following Deed of Settlement — Compromise Agreement Not Void Despite Criminal Charges Being Non-Compoundable. The Court held that the settlement was a bona fide compromise of civil disputes and the withdrawal of criminal prosecution was a lawful consideration, not rendering the settlement void.

9 Apr 2019

The petitioner, Sushma B. Chandak, filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

Bombay High Court Sanctions Scheme of Arrangement Involving Gift of Shares and Reduction of Securities Premium Account. The court held that a scheme involving a gift of shares held by a company in another company to its shareholders and a reduction of the securities premium account by the book value of the investment is an arrangement under Section 391(1) of the Companies Act, 1956, and the reduction of the securities premium account does not require compliance with the procedure for reduction of share capital under Sections 100-104 of the Companies Act, 1956 or Section 52 of the Companies Act, 2013.

15 Sep 2015

The petitioner, Indian Seamless Enterprises Limited, filed a petition under Sections 391 to 394 of the Companies Act, 1956 seeking sanction of a schem...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

High Court

Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

20 Sep 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...

High Court

Bombay High Court Dismisses Appeal Against Consent Terms in Trust Dispute — Consent Terms Dictated by Court and Signed by Parties Constitute Binding Order Even Without Formal Disposal Order. The court held that consent terms, once signed by parties and recorded by the court, attain finality and cannot be unilaterally resiled from.

27 Jun 2013

The appeal arose from an order of a Learned Single Judge dated 23 November 2012 dismissing a motion taken out by the appellant, Kiran Narottamdas Merc...

High Court

Bombay High Court Allows Appeals Against Rejection of Winding Up Petitions Under Sections 433 and 434 of Companies Act, 1956 — Held That Disputed Debts Require Trial and Cannot Be Decided in Summary Proceedings. The court set aside the dismissal order and remanded for consideration of interim relief, directing the respondent to deposit the disputed amount or provide security.

7 Jan 2013

The appellants, Innovatherm GmbH and Electrification Charpente Levage SAS, filed winding up petitions under Sections 433 and 434 of the Companies Act,...

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