Search Results for "Enforceability"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Enforceability"

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High Court

Bombay High Court Allows Section 11 Arbitration Application Under SARFAESI Act Between Secured Creditor and Prospective Secured Creditor Over Title Documents Dispute. The court held that a dispute between a secured creditor and an entity prevented from becoming a secured creditor due to refusal to hand over title documents is arbitrable under Section 11 of the SARFAESI Act, 2002.

6 May 2026

The case involves a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by Aditya Birla Housing Finance Limited (Applicant)...

Supreme Court

Supreme Court Modifies Compensation Rate in Land Dispute Under Compromise Decree — Guideline Value Under Karnataka Stamp Act, 1957 Fixed at Rs. 750 per Square Foot. Court Holds That Executing Court Erred in Applying Subsequent Notification and High Court's Reduction Was Unwarranted, Directs Payment of Average Guideline Value.

30 Apr 2026

The case involves a dispute between Appellants (N.I.C.E.) and the decree holders, Respondents, arising from a compromise decree in a suit for permanen...

Supreme Court

Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

28 Apr 2026

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

High Court

High Court of Karnataka Allows Commercial Appeal in Part, Sets Aside Trial Court's Rejection of Rent Arrears Claim in Eviction Suit. The court held that the claim for arrears of rent from 01.04.2000 to 30.11.2021 was not barred by limitation as the tenancy continued and the suit was filed within three years from termination.

19 Dec 2025

The appellants, Smt. Sarojamma and others, filed a commercial suit (Com.O.S.No.124/2023) before the LXXXVII Additional City Civil and Sessions Judge, ...

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 Upholds Labour Court Award of Reinstatement in Forest Department Termination Case — Workman Entitled to Reinstatement Despite Procedural Lapses as Termination Violated Section 25-F of Industrial Disputes Act, 1947.

14 Jun 2023

The petitioners, the Chief Conservator of Forest, Zilla Panchayat, Deputy Conservator of Forest, and Range Forest Officer, Kalaburagi, challenged the ...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Execution of Sale Deed by BDA — Petitioner Failed to Implead Necessary Party and Sought Relief Beyond Writ Jurisdiction. Execution of a decree is a civil court function, not amenable to writ jurisdiction under Articles 226 and 227 of the Constitution of India.

17 Mar 2023

The petitioner, Joseph Raj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Bangalore Develop...

High Court

Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

30 Nov -0001

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved by Oral and Documentary Evidence. Tribunal Erred in Dismissing Claim on Ground of Lack of Negligence Despite Clear Evidence of Rash Driving and Criminal Conviction.

30 Nov -0001

The appellant, Santosh Chandrakant Potdar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a...

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