Search Results for "execution petition maintainability"

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Search Results for "execution petition maintainability"

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Supreme Court

Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

12 Jan 2024

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

High Court

Bombay High Court Quashes Search and Seizure Conducted by Karnataka Police in Maharashtra Without Jurisdiction — Warrant Issued by Magistrate Outside Territorial Limits Invalid Under CrPC. The court held that a Magistrate cannot issue a search warrant for execution outside his territorial jurisdiction without following Sections 78 or 79 of the Code of Criminal Procedure, 1973, and the seizure based on such invalid warrant is illegal.

7 May 2021

The petitioners, traders in Nagpur, Maharashtra, challenged the seizure of rice bags from their godowns by the Karnataka Police (respondent No.1) acti...

High Court

Bombay High Court Dismisses Developer's Maintainability Challenge and Upholds RERA Recovery Certificate in Allottee Refund Case. Real Estate Regulatory Authority Has Power to Issue Recovery Certificate Under Section 40(1) of RERA Act, 2016 for Refund Orders.

9 Mar 2020

The judgment pertains to two connected matters: an Interim Application filed by the developer, Marvel Sigma Homes Pvt. Ltd., challenging the maintaina...

High Court

Bombay High Court Dismisses Appeals Against Appointment of Receiver in Share Pledge Dispute. Court upholds appointment of Court Receiver as receiver of pledged shares under Section 9 of the Arbitration and Conciliation Act, 1996, finding that the appellant failed to make out a prima facie case for interference.

10 Aug 2019

The case involves two commercial appeals filed against an order of the learned Single Judge appointing the Court Receiver as receiver of certain pledg...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

20 Feb 2019

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

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 Allows Decree Holder's Petition in Eviction Decree Execution — Division Bench of Small Causes Court Exceeded Revisional Jurisdiction by Remanding Matter for Proposal to Remove Structure. The decree had attained finality up to the Supreme Court, and the executing court's order directing restoration of vacant possession was proper; the revisional court's interference was unwarranted.

10 Oct 2017

The petitioner, Mrs. Vranda G. Pai, is the decree holder in an eviction decree dated 2nd December 2006, which had attained finality up to the Supreme ...

High Court

High Court of Karnataka Allows Civil Revision Petition in Land Acquisition Compensation Execution Case — Limitation Period for Filing Execution Petition Computed from Date of Final Decree, Not Dismissal of Prior Execution Petition. The court held that an execution petition filed within 12 years from the date of the decree under Article 136 of the Limitation Act, 1963, cannot be dismissed as time-barred merely because a prior execution petition was dismissed for non-prosecution.

28 Jul 2016

The case pertains to a civil revision petition filed by the legal representatives of the deceased petitioner, Sri Mariyappa, challenging an order date...

High Court

Bombay High Court Allows Dispensation of Notice in Execution Proceedings for Non-Compliance of Order Directing Municipal Corporation to Decide Application. Court holds that Municipal Corporation's failure to decide application despite court order amounts to contempt and warrants execution without notice under Order 21 Rule 22 CPC.

28 Mar 2014

The applicants, M/s. Lok Holdings and Constructions Ltd. and others, filed a Chamber Summons in an execution application seeking dispensation of notic...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

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