Search Results for "Prothonotary order"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Prothonotary order"

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High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Summary Suit — Defendant Failed to Show Sufficient Cause for Non-Appearance. Order XXXVII Rule 4 CPC Requires Strict Compliance with Conditions for Setting Aside Ex-Parte Decree.

1 Feb 2017

The appellant, Purnendu Shekharmal Jain, was the original defendant in Summary Suit No. 2539 of 2012 filed by M/s ACG Associated Capsules P Ltd. An ex...

High Court

Bombay High Court Allows Withdrawal of Appeal and Release of Deposited Amount in Insolvency Case — Moratorium Under Section 14 IBC Bars Enforcement Against Corporate Debtor's Assets. The cash deposit made by the corporate debtor in court is an asset belonging to the corporate debtor, and the resolution professional is entitled to its release for the resolution process.

13 Nov 2024

The Bombay High Court allowed an application filed by the Resolution Professional of Siti Networks Ltd. (corporate debtor) seeking withdrawal of Appea...

High Court

Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

28 Jan 2022

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

High Court

Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

23 Mar 2022

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

28 Aug 2017

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

High Court

Bombay High Court Dismisses Defendant's Application for Security for Costs in Admiralty Suit — No Frivolous or Vexatious Conduct Found. The court held that the power to order security for costs under Order XXV CPC is discretionary and should not be exercised merely because the plaintiff is a foreign company, especially when the suit is not frivolous and security for the claim has already been furnished.

8 Apr 2014

The defendant, owner of the vessel m.t. CHEM LILY, filed a Notice of Motion seeking an order directing the plaintiff, Alpha Oil International, to depo...

High Court

Bombay High Court Dismisses Winding Up Petitions Against Respondent — Disputed Debt and Bona Fide Defence Preclude Admission. The court held that a winding up petition under Sections 433 and 434 of the Companies Act, 1956 cannot be admitted when the debt is bona fide disputed and the company has a substantial defence, as the remedy is not for recovery of debt but for insolvency.

6 Jun 2017

The petitioner,  filed two winding up petitions under Sections 433 and 434 of the Companies Act, 1956 against Respondent., seeking winding up on ...

High Court

Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act Against Interim Order in IPL Franchise Dispute. Court finds no misrepresentation in bid process and upholds arbitrator's order granting interim measures while imposing conditions on franchisee to protect BCCI's interests.

14 Dec 2010

Background: The dispute arose from the Indian Premier League (IPL) franchise agreement between the Board of Control for Cricket in India (BCCI) and Ja...

High Court

Bombay High Court Allows Writ Petitions Against ITAT Order Dismissing Appeal for Non-Prosecution — Tribunal Must Decide on Merits When Assessee Appears and Seeks Adjournment. Dismissal for default violates principles of natural justice under Article 226 of Constitution of India and Section 254 of Income Tax Act, 1961.

18 Oct 2010

The petitioner, M/s. Jagjivandas Nandlal & Co., filed two writ petitions under Article 226 of the Constitution of India challenging orders of the Inco...

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