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Supreme Court Upholds High Court Dismissal of Judgment Debtor's Application to Set Aside Receiver's Sale Under Order 21 Rule 89 CPC. Order 21 Rule 89 Held Not Applicable to Receiver Appointed Under Section 51 CPC as Sale Not Conducted Under Order 21.

In execution of a money decree, the judgment debtor defaulted on payment of agreed instalments. The executing court, invoking Section 51 of the Code o...

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High Court Dismisses Application Under Section 482 CrPC Against Order Releasing Seized Gold to Claimant with Superior Title, Holding Magistrates Discretion Properly Exercised. The Magistrates Conditional Interim Custody Order Was Not Final Determination and Applicant Could Seek Relief from Trial Court.

The criminal application under Section 482 of the Code of Criminal Procedure arose from a dispute over interim custody of seized gold and cash in a pe...

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Bombay High Court Dismisses Writ Petition Challenging Conditional Attachment Order in Co-operative Bank Dispute. Arbitrator's Power Under Section 84 of Multi-State Co-operative Societies Act, 2002 Includes Power to Pass Conditional Attachment Orders.

The petitioners, Rohan M. Kapoor and others, challenged an order dated 10.01.2011 passed by an arbitrator appointed by the Central Registrar under Sec...

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Bombay High Court Makes Conditional Winding Up Order in Contract Dispute Over Endorsements. Interpretation of contract endorsements determines existence of debt under Companies Act, 1956.

The petitioner, Reliance Broadcast Network Limited, filed a winding up petition under the Companies Act, 1956 against the respondent, Raj Oil Mills Lt...

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Bombay High Court Quashes Demolition Order Under Section 133 CrPC for Non-Compliance with Conditional Order Requirement. The court held that the mandatory procedure under Section 133 CrPC was not followed as no conditional order was passed, and the report was misinterpreted.

The applicant, Shrikant Shankarrao Agnihotri, challenged an order dated 6 June 2017 passed by the Sub-Divisional Magistrate, Akola under Section 133 o...

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Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...