Search Results for "Order XXI Rule 105"

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Search Results for "Order XXI Rule 105"

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High Court

Bombay High Court Division Bench Answers Referred Questions on Adequacy of Protection Under Section 52 of Transfer of Property Act and Grant of Interim Injunctions. The Court Examined Whether Section 52 TP Act Provides Sufficient Safeguard to Deny Injunction Pendente Lite and the Role of Notice Registration Under Section 18 of the Indian Registration Act.

4 Oct 2016

The appeal arose from an order of the Trial Court rejecting the appellant's application for temporary injunction in a suit for specific performance of...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Foreign Award Enforcement. Court holds that under the amended Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, only the High Court having jurisdiction over the subject matter of the award can entertain interim measures, not any court where assets are located.

9 Oct 2017

The petitioner, Trammo DMCC, a company incorporated in the UAE, obtained a foreign arbitral award against the respondent, Nagarjuna Fertilizers and Ch...

High Court

High Court of Karnataka Allows Writ Petition in Execution Dispute — Quashes Order Dismissing Execution Petition as Not Maintainable. Withdrawal of Earlier Execution Petition Without Liberty Does Not Bar Fresh Execution Under Order XXI Rule 2 CPC.

12 Aug 2020

The writ petition was filed by the judgment-debtors (petitioners) challenging an order dated 19.04.2017 passed by the LII Additional City Civil and Se...

High Court

High Court of Gujarat Hears Challenge to Constitutional Validity of Section 10A(2)(c) of MMDR Act and Rule 8(4) of MCR Rules, 2016. Petition Seeks Execution of Mining Lease Deed and Challenges Orders of Union and State Governments.

18 Mar 2026

The petitioner, a company registered under the Companies Act, 1956 (originally ABG Cement Ltd., later Vadraj Cement Ltd.), filed a writ petition befor...

High Court

Bombay High Court Dismisses Civil Revision Application in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Court held that revisional jurisdiction is limited to jurisdictional errors and cannot be used to re-appreciate evidence or correct erroneous findings of fact.

30 Nov -0001

The case involves a civil revision application filed by Madhav Sheshadri Kulkarni against the dismissal of his suit for declaration and injunction. Th...

High Court

Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

14 Dec 2024

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

High Court

High Court of Judicature at Bombay Adjudicates Appeals Against Single Judge Order Directing Depository and Broker to Pay Monetary Value of Shares Transferred in Breach of Injunction in Execution of Arbitration Decree. The appeals challenged the maintainability and jurisdiction of the executing court in passing directions against non-parties under Section 47 CPC and the invocation of inherent powers under Section 151 CPC.

12 Aug 2025

The appeals arose from an order dated 9 January 2019 passed by a Single Judge of the High Court of Judicature at Bombay in Chamber Summons No.55 of 20...

Supreme Court

Supreme Court Grants Leave to Appeal Against High Court Order Upholding CLB's Condonation of Delay in Share Transmission Registration. Core Issue Revolves Around Interpretation of Section 58(3) of Companies Act, 2013 and the CLB's Inherent Powers to Apply Limitation Act Provisions.

1 Jan 1970

The dispute centered on the condonation of a 249-day delay in filing an appeal under Section 58(3) of the Companies Act, 2013 before the Company Law B...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

15 Oct 2019

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

High Court

Bombay High Court Dismisses Appeals as Not Maintainable: Order on Territorial Jurisdiction Not Appealable Under Section 13 of Commercial Courts Act. The Court Holds That Orders Under Section 9-A CPC Are Not Enumerated in Order XLIII CPC or Section 37 Arbitration Act, Limiting Appeals in Commercial Disputes.

14 Sep 2017

The dispute arose out of two commercial suits filed before the Bombay High Court, where the plaintiffs claimed reliefs and the defendants raised preli...

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