Search Results for "injunction against alienation"

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Search Results for "injunction against alienation"

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High Court

Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution — Property Alienation Restrained to Safeguard Arbitral Award. The court held that a prima facie case exists for interim relief to prevent alienation of property which is subject matter of execution proceedings.

27 Feb 2026

The applicant, C.J. Charles Rajkumar, proprietor of M/s. Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliatio...

High Court

High Court Dismisses Arbitration Petition Challenging Award Under Arbitration and Conciliation Act, 1996 -- MOU Found Not Amenable to Specific Performance Due to Third-Party Litigation

24 Feb 2026

The High Court dismissed an Arbitration Petition challenging an Arbitral Award that rejected claims for specific performance of a Memorandum of Unders...

High Court

Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

7 Jan 2026

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Rejects Trial Court's Finding of No Prima Facie Case. Court holds that the trial court erred in rejecting an application for temporary injunction under Order 39 Rules 1 and 2 CPC by misreading the plaint and ignoring the plaintiff's possession and title documents.

12 Jan 2024

The appellant, Nasir Khan, filed a miscellaneous first appeal under Section 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

11 Apr 2023

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

Supreme Court

Supreme Court Quashes High Court's Interim Injunction Order Affecting Third Parties' Property Rights Without Hearing. Interim Injunction Cannot Be Granted Against Persons Claiming Rights in Suit Properties Without Impleading Them as Parties and Providing Opportunity of Hearing Under Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908.

17 Nov 2021

The Supreme Court addressed appeals by third parties aggrieved by an interim injunction order passed by the High Court of Karnataka in a partition sui...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Application Under Order XXXIX Rule 2A CPC for Alleged Violation of Injunction Order. Court holds that mere filing of a suit for permanent injunction does not automatically establish willful disobedience of an interim order without proof of specific notice and deliberate defiance.

23 Feb 2021

The appellants, who were plaintiffs in a suit for permanent injunction, filed an application under Order XXXIX Rule 2A CPC alleging that the responden...

Supreme Court

Supreme Court Allows Appeal in Gift Deed Condition Case — Sale Deeds Void Due to Restraint on Alienation. Condition in Gift Deed That Donee Cannot Alienate Property Is Valid and Binding, Making Subsequent Sales Void.

11 Feb 2020

The appeal arose from a suit filed by the plaintiffs, sons of defendant No.1, seeking declaration of ownership and to set aside sale deeds executed by...

High Court

Bombay High Court Upholds Demolition of Unauthorized Terrace Construction in Cooperative Housing Society. Lease of Terrace by Member Without Society's Consent Invalid Under Maharashtra Cooperative Societies Act, 1960.

22 Jan 2015

The judgment concerns two writ petitions arising from a dispute between N. Jethani (petitioner in WP 5476/1990) and Shri Shivaji Cooperative Housing S...

High Court

Bombay High Court Dismisses Beneficiaries' Petition Challenging Charity Commissioner's Order in Trust Property Development Dispute. Court holds that beneficiaries have no locus standi to seek injunction under Section 41E of the Bombay Public Trusts Act, 1950, as the provision only empowers the Charity Commissioner to act suo motu or on application of a trustee.

25 Jan 2005

The petitioners, claiming to be beneficiaries of the M.J. Wadia Fire Temple Trust, filed a writ petition challenging an order dated 15th September 200...

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