Search Results for "attachment orders"

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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 "attachment orders"

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High Court

Madras High Court Allows Appeal in Commercial Dispute Over Attachment of Property Before Judgment — Order XXI Rule 46 CPC Not Applicable to Original Suits, But Court Grants Relief Under Order XXXVIII Rule 5 CPC. The court held that an application under Order XXI Rule 46 CPC is not maintainable in an original suit, but the plaintiff can seek attachment before judgment under Order XXXVIII Rule 5 CPC if the defendant intends to obstruct or delay execution.

2 Apr 2026

The appellant, Radiance Realty Developers India Limited, filed a suit against the respondent, M. Rekha, for recovery of Rs.41,42,871/- based on a cons...

High Court

"Judgment Debtor’s Liability to Pay Interest Clarified: Deposit in Appellate Court Does Not Cease Accrual of Interest" "Bombay High Court reiterates the conditions for cessation of interest under Order XXI, Rule 1 of CPC."

11 Nov 2024

This case examines the cessation of interest on a decretal amount deposited by the judgment debtor in an appellate court, rather than the executing co...

High Court

Bombay High Court Allows State's Appeal Against Waiver of Sheriff's Poundage in Admiralty Suit — Sheriff Entitled to Poundage Even if Warrant Not Executed. Court Holds That Sheriff's Right to Poundage Accrues on Issuance of Warrant of Arrest, Not Its Execution, Under Section 48 of the Bombay Court Fees Act, 1959.

6 Jul 2022

The State of Maharashtra, through the Sheriff of Mumbai, appealed against an order of a learned Single Judge of the Bombay High Court dated 17th July ...

High Court

High Court of Karnataka Allows Writ Petition and Sets Aside Trial Court Order Rejecting Application for Appointment of Commissioner in Suit for Permanent Injunction. Held that Order VII Rule 1 CPC does not require plaintiff to plead exact boundaries and that appointment of commissioner under Order XXVI Rule 9 CPC is permissible to ascertain boundaries when description is insufficient.

8 Jul 2020

The petitioners (plaintiffs in the suit) filed O.S. No. 5195/2017 before the XII Additional City Civil and Sessions Judge, Bengaluru, seeking a perman...

High Court

Bombay High Court Allows Writ Petition Challenging Co-operative Society Recovery Proceedings — Petitioner Not Given Opportunity of Hearing Before Attachment of Property. Recovery under Section 101 of Maharashtra Co-operative Societies Act, 1960 must comply with natural justice; failure to give hearing vitiates attachment order.

13 Jun 2018

The petitioner, Sunil Sitaram Mahajan, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 1st February 20...

High Court

Bombay High Court Allows Writ Petition Challenging Unearned Income Demand Without Proper Calculation. Collector's report lacked detailed calculation and was set aside; matter remanded for fresh consideration with opportunity of hearing.

19 Nov 2015

The petitioner, Makhanlal S/o Jagannath Agrawal, purchased Class-2 land under the Maharashtra Land Revenue Code by a sale deed dated 25/9/1998. The or...

High Court

Bombay High Court Dismisses Petition to Appoint Arbitrator in Redevelopment Dispute — Dispute Not Arbitrable Under Section 41(e) of Specific Relief Act, 1963. Termination of Development Agreement and Claim for Possession Cannot Be Referred to Arbitration as They Involve Specific Performance and Continuous Duties.

20 Oct 2015

The petitioners, Anand Villa Co-Operative Housing Society Ltd. and its members, filed an arbitration petition under Section 11 of the Arbitration and ...

High Court

Bombay High Court Dismisses Execution Application Filed by Claimant Against Respondent in Arbitration Matter — Decision by IMPPA Committee Not an Arbitral Award Under Arbitration and Conciliation Act, 1996.

7 Apr 2014

The case involves a chamber summons filed by the respondent, Sanjay Dutt, seeking dismissal of an execution application filed by the claimant, Shakeel...

High Court

Bombay High Court Dismisses Revision Against Civil Detention Order in Execution Proceedings — Wilful Disobedience of Decree for Possession Justifies Detention Under Order 21 Rule 32 CPC. The executing court's order directing one month civil detention of judgment debtors for disobeying a decree for possession was upheld as no illegality or material irregularity was found.

3 Aug 2011

The case arises from a civil revision application filed by the original defendants (judgment debtors) against an order of the executing court directin...

High Court

Bombay High Court Dismisses Writ Petition by Kotak Mahindra Bank Seeking Priority Over Secured Creditors in Liquidation Proceeds of Hukumchand Mills Ltd. The Court held that the Official Liquidator's decision to distribute sale proceeds among secured creditors in accordance with Section 529A of the Companies Act, 1956 was correct and that the petitioner, as an unsecured creditor, was not entitled to priority.

30 Nov -0001

The petitioner, Kotak Mahindra Bank Limited, filed a writ petition challenging the decision of the Official Liquidator of Hukumchand Mills Ltd. to dis...

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