Search Results for "not entertainable"

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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 "not entertainable"

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Supreme Court

Supreme Court Dismisses Miscellaneous Application in Special Leave Petition Due to Lack of Maintainability and Independent Nature of Insolvency Proceedings. Post-disposal recall applications are not entertainable except in narrow exceptions, and subsequent developments in insolvency under Section 12A of the Insolvency and Bankruptcy Code, 2016 cannot retroactively affect disposed civil matters.

23 Mar 2026

The dispute originated from an Agreement to Sell dated 13.08.2021 concerning a property in Gurugram, where the applicant sought specific performance t...

Supreme Court

Supreme Court Allows Restoration of Appeal Despite No Liberty Clause in Compromise Order — Restoration Held to be Statutory Right Under Order 23 Rule 3 CPC. The court held that a party cannot be deprived of the statutory right to seek restoration of an appeal after a compromise decree, even if the court's order expressly denies liberty to restore.

10 Dec 2024

The appellant, Navratan Lal Sharma, filed a suit for declaration and injunction against respondents Radha Mohan Sharma and others, alleging forgery of...

High Court

High Court of Karnataka Dismisses Appeal by Asset Reconstruction Company Against Borrowers in SARFAESI Act Matter — Upholds Single Judge's Order Quashing Possession Notice Due to Non-Compliance with Section 13(2) and (3A). The Court Held That the Secured Creditor Must Strictly Adhere to the Statutory Procedure Under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Before Taking Possession.

5 Jun 2024

The appellant, M/s. International Asset Reconstruction Company Limited, a secured creditor, issued a possession notice under the Securitisation and Re...

High Court

Bombay High Court Quashes BMC Recovery Order in Contract Dispute — Unilateral Recovery Without Notice Violates Natural Justice. Petitioner's dues cannot be withheld without prior notice and opportunity of hearing under Article 226 of the Constitution of India.

4 Sep 2023

The petitioner, Michigan Engineers Pvt. Ltd., a company engaged in infrastructure and construction services, filed a writ petition under Article 226 o...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Dismisses Cantonment Board's Appeal in Arbitration Appointment Dispute. Limitation period for Section 11 application under Arbitration and Conciliation Act, 1996 runs from date of refusal to appoint arbitrator, not from request date, under Article 137 of Limitation Act, 1963, and no claim certificate does not extinguish arbitration clause.

15 Mar 2021

The dispute arose from three contracts dated 23.09.2000 and 17.09.2001 between Secunderabad Cantonment Board (appellant) and M/s B. Ramachandraiah & S...

High Court

Bombay High Court Dismisses Municipal Council's Appeal Against Decree in Terms of Arbitral Award in Octroi Collection Dispute. Court Holds That Objections Under Section 30 of Arbitration Act, 1940 Cannot Be Raised After Award Is Made Rule of Court.

4 Aug 2016

The appellant, Ambernath Municipal Council, a body corporate under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, ...

High Court

Bombay High Court Allows Employees' Writ Petitions Against Industrial Court's Refusal to Register Revision Under Section 44 of MRTU & PULP Act. Industrial Court Cannot Reject Revision at Threshold on Ground of Interlocutory Order.

28 Nov 2013

The judgment concerns two writ petitions filed by employees challenging the refusal of the Industrial Court, Ahmednagar, to register their Revision (U...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Injunction Regarding Performance of Pooja — Civil Court Has Jurisdiction to Try Suit Relating to Private Civil Rights of Shebait Despite Trust Act Provisions.

18 Apr 2011

The petitioner, original defendant No.1 (Shri Datta Deosthan Trust), filed a Civil Revision Application under Section 115 CPC challenging the order da...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction — Appellant Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

30 Nov -0001

The appellant, Ravi Kiran Aggarwal, filed an appeal under Order XLIII Rule 1(d) of the Code of Civil Procedure, 1908, against the order of the City Ci...

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