Search Results for "Functus Officio"

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High Court

Bombay High Court Dismisses Petition Challenging Rejection of Rescission Application in Execution Proceedings for Specific Performance Decree. Legal representatives of judgment debtor failed to demonstrate grounds for rescission of agreement of sale under Order 21 Rule 35 of CPC, 1908.

20 Jul 2026

The petitioners, legal representatives of late Daulatrao Nitnaware, filed a writ petition challenging an order dated 25.11.2025 passed by the learned ...

High Court

Bombay High Court at Goa Allows Second Appeal in Property Partition Suit — Reverses First Appellate Court's Decree and Restores Trial Court's Dismissal. The Court held that the first appellate court failed to frame proper points for determination under Order 41 Rule 31 CPC, and its judgment was perverse and not based on evidence.

16 Jul 2026

The case involves a property dispute among siblings over ancestral property in Campal, Panaji, Goa. The original plaintiffs (respondents) filed a suit...

High Court

Bombay High Court Allows Petition by Cooperative Housing Society Challenging Order of District Deputy Registrar Under Section 154A of Maharashtra Cooperative Societies Act, 1960 — Order Set Aside for Non-Compliance with Natural Justice and Lack of Jurisdiction. The court held that the District Deputy Registrar lacked jurisdiction to pass an order directing possession under Section 154A, and that the order was passed without hearing the society, violating natural justice.

14 Jul 2026

The Petitioner, Pran Ashish Cooperative Housing Society Limited, a registered cooperative society under the Maharashtra Cooperative Societies Act, 196...

High Court

High Court of Karnataka Directs Special Land Acquisition Officer to Consider Representation for Additional Compensation for Well and Trees in Land Acquisition Case. The court held that the petitioner's claim for compensation for structures and trees not included in the award must be considered by the acquiring authority in accordance with law.

22 Nov 2016

The petitioner, Sri Nooralam, owned land in Sy. No. 114/1, Kavadimatti Village, Muddebihal Taluk, Vijayapura District, which was acquired for a public...

High Court

High Court of Karnataka Quashes Summons to Arbitrator in Section 34 Proceedings — Arbitrator Not a Necessary Party Under Arbitration and Conciliation Act, 1996. Arbitrator cannot be arrayed as defendant in arbitration suit challenging award under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Jul 2015

The petitioner, Sri H.N.M. Prasad, a practicing advocate, acted as an arbitrator and passed an arbitral award on 10.3.2015 in a dispute between Smt. V...

High Court

High Court of Karnataka Quashes Ex Parte Award in Minimum Wages Act Case Due to Lack of Proper Service. Employer's absence due to travel and non-opening of post box held insufficient for ex parte proceedings under Section 20(2) of Minimum Wages Act, 1948.

26 Mar 2014

The petitioner, A S Chandra Prakash, a coffee planter, was issued a notice to appear before the Labour Officer and Minimum Wages Enquiring Authority (...

High Court

High Court of Karnataka Dismisses Management's Appeal in Industrial Dispute Case — Labour Court Has No Power to Revive Withdrawn Proceeding. The Division Bench upheld the Single Judge's order directing the Labour Court to consider the workman's application for revival of the dispute, but the Labour Court dismissed it for lack of power.

10 Mar 2014

The case involves a writ appeal filed by the Management of M/s. Hewelett Packard Global Soft Pvt. Ltd. against an order dated 22.04.2013 of a learned ...

High Court

High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right.

6 Mar 2014

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by...

High Court

High Court of Karnataka Quashes Arbitral Tribunal Order Imposing Condition on Petitioner to Deposit Amount for Filing Counterclaim. The court held that the Arbitral Tribunal has no power under the Arbitration and Conciliation Act, 1996 to impose such a condition, as Section 23 does not confer any such power.

28 Nov 2013

The petitioner, Ultra Entertainment Solutions Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dat...

High Court

High Court of Karnataka Allows Writ Petition Challenging Order Dismissing Execution Petition as Not Maintainable. Transferee Court Retains Jurisdiction to Execute Decree Despite Dismissal of Prior Execution Petition Without Certificate Under Section 41 CPC.

16 Jul 2013

The petitioner, Narayansa Patil, was the judgment-debtor in a money decree obtained by the respondent, Om Sai Corporation, in O.S. No.67/2004 before t...

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