Search Results for "Joint Registrar order"

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Search Results for "Joint Registrar order"

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High Court

Bombay High Court Quashes Orders Rejecting Condonation of Delay in Customs and Central Excise Appeals; Directs Fresh Consideration. Appellate Authorities Failed to Exclude Time Taken in Prosecuting Writ Petitions Before Filing Statutory Appeals, as Required Under Section 14(2) of Limitation Act, 1963.

24 Dec 2014

The judgment arises from two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court. The lead petition, WP N...

High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

High Court of Karnataka Allows Appeals by Cooperative Society Against Rejection of Plaints in Suits for Permanent Injunction — Dispute Over Title to Property Requires Full Trial, Not Summary Rejection Under Order 7 Rule 11 CPC.

22 Sep 2023

The appellant, Dattaprasad Cooperative Society Ltd., filed four Regular First Appeals against the judgment and decree dated 27.02.2006 passed by the V...

High Court

Bombay High Court Allows Bank's Petition Challenging Joint Application Requirement for Refund of Court Fees in DRT — Rule 5 of Refund Rules Struck Down as Ultra Vires. The requirement of a joint application by the applicant and defendant for refund of court fees was held arbitrary and beyond the rule-making power under the Recovery of Debts and Bankruptcy Act, 1993.

9 Jun 2023

The petitioner, Yes Bank Limited, a bank governed by the Banking Regulation Act, 1949, had advanced a loan to a borrower who defaulted. The bank filed...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

3 Jan 2024

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

High Court

Bombay High Court Dismisses Writ Petitions Against Fresh Voter List Cut-off Date in Cooperative Elections. The Court upheld the validity of a new cut-off date prescribed by the State Cooperative Election Authority under Sections 27(3A) and 73CB of the Maharashtra Cooperative Societies Act, 1960, holding that since the final voters list had not been declared, the authority could initiate a fresh cut-off date.

30 Jan 2024

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High Court

Bombay High Court Strikes Down Rule 44(1)(i) of Maharashtra Registration Rules, 1961 as Ultra Vires Registration Act, 1908. Circular requiring NOC from Gram Panchayat for registration of sale deeds quashed for lack of statutory authority.

5 May 2022

The petitioners, three individuals, filed a writ petition under Article 226 of the Constitution of India challenging Rule 44(1)(i) of the Maharashtra ...

High Court

High Court of Karnataka Quashes Registrar's Order and Sale Deed in Co-operative Society Dispute — Violation of Natural Justice and Bye-laws. Petitioner's Membership and Right to Property Upheld as Registrar Failed to Provide Hearing Before Approving Transfer of Shares and Sale of Site.

29 Mar 2016

The petitioner, Smt. Siddamma, aged 75, is the wife of late S.K. Narasimhaiah and a member of Bhavani Housing Co-operative Society Limited (respondent...

High Court

Karnataka High Court Dismisses Revision Petition by Defendant No. 25 Against Trial Court's Order Refusing Rejection of Plaint in Partition Suit Due to Limitation and Validity of Sale Deed. Court Holds That Plaint Cannot Be Rejected Under Order 7 Rule 11 CPC as Issues of Limitation and Validity of Sale Deed Are Mixed Questions of Law and Fact Requiring Trial.

25 Oct 2024

The Civil Revision Petition No. 88 of 2024 was filed by M/s Jade Garden Plot Owner's Association, who was Defendant No.25 in the original suit O.S. No...

High Court

Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

24 Apr 2024

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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