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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Supreme Court

Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

1 Jan 2026

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit — Canara Bank v. K.L. Rajgarhia (D) Thru LRs. Agreement to Sell dated 27.12.1984 for construction and sale of flats — Division Bench of Delhi High Court erred in reversing decree for specific performance without considering readiness and willingness of plaintiff and conduct of defendant.

1 Jan 2025

The Supreme Court allowed the appeal filed by Canara Bank (plaintiff) against the judgment of the Division Bench of the Delhi High Court which had rev...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Property Suit — Res Judicata and Abuse of Process of Law. The suit property was already decreed in a prior suit confirmed up to second appeal, and the petitioner's fresh suit was held to be barred by res judicata under Section 11 CPC.

27 Mar 2019

The petitioner, Fakkirappa S/o Basavanneppa Tattimani, filed a suit (O.S.No.803/2015) seeking a decree of mandatory and permanent injunction in respec...

High Court

High Court of Karnataka Quashes Transfer Order for Lack of Prior Approval Based on Recorded Reasons. Chief Minister's Discretion Under Para 9(b) of Government Order No.DPAR 22 STR 2013 is Not Absolute.

13 Nov 2018

The petitioner, Sri Rajashekar M., an Extension Officer in the Department of Backward Classes Welfare, challenged an order dated 25.09.2018 passed by ...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition for Child Custody, Holds That Custody Orders by Foreign Courts Are Not Enforceable Through Habeas Corpus When Children Are Not Illegally Detained. The court ruled that the proper remedy for custody disputes is before the Family Court under the Guardians and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956, and not through habeas corpus.

22 Feb 2018

The petitioner, Pavan Srikanth Reddy, filed a writ of habeas corpus through his GPA holder seeking custody of his two minor children from his ex-wife,...

High Court

High Court of Karnataka Allows Minor Daughter's Partition Suit Against Parents, Holding That a Daughter Is Entitled to a Share in Joint Family Property Under Hindu Succession Act, 1956. The court set aside the trial court's dismissal and decreed the suit, granting the plaintiff a 1/3rd share in the joint family properties.

23 Jun 2017

The appellant, Kumari Lata, a minor daughter represented by her maternal uncle, filed a Regular First Appeal under Section 96 read with Order 41 Rule ...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

30 Sep 2015

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Addition of Parties in Specific Performance Suit. Children of Vendor Held Necessary Parties as They Claim Interest Through Will Under Order 1 Rule 10 CPC.

29 Apr 2015

The petitioner, M/s Sai Basava Developers, a partnership firm, filed a suit for specific performance of contract against the mother of the respondents...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order to Implead Plaintiff in Suit for Specific Performance — Petitioner Not a Necessary Party Under Order 1 Rule 10 CPC. Subsequent purchaser pendente lite cannot claim impleadment as a matter of right; decree binds all persons claiming under vendor.

13 Apr 2015

The petitioner, Smt. Lakshmamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 30.07.2013 ...

High Court

High Court Quashes Complaint in Cheque Dishonour Case Due to Non-Existent Debt — Loan Allegedly Advanced in 1996 Not Legally Recoverable as Time-Barred Debt Under Section 138 of Negotiable Instruments Act, 1881

13 Apr 2015

The petitioner, accused in C.C. No.35622/2010 for an offence under Section 138 of the Negotiable Instruments Act, 1881, filed a petition under Section...

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