Search Results for "Execution petition maintainability"

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Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...

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Supreme Court Dismisses Appeals Against Insolvency Initiation Under Insolvency and Bankruptcy Code, 2016 -- NCLAT Order Upheld in Favor of Allottees as Financial Creditors -- Corporate Debtors Failed to Deliver Possession and Complete Formalities

The Supreme Court dismissed civil appeals filed by erstwhile directors of corporate debtors against the NCLAT judgment which upheld the NCLT order ini...

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Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...

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Bombay High Court Dismisses PILs Challenging Appointment of Vice Chancellor of University of Mumbai. Court upholds appointment process under Maharashtra Universities Act, 1994, finding no illegality or mala fides.

The judgment pertains to two Public Interest Litigations (PILs) and a Writ Petition challenging the appointment of Dr. Rajan Welukar as the Vice Chanc...

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Supreme Court Dismisses Special Leave Petition in Specific Performance Suit — Limitation and Court Fee Defect Not Curable Under Section 149 CPC. Agreement Holder's Suit for Mandatory Injunction Filed Beyond Limitation Cannot Be Converted into Suit for Specific Performance by Paying Deficit Court Fee.

The dispute arose from an agreement for sale of immovable property dated 12.10.1994, where the respondent agreed to sell land and factory premises to ...

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Bombay High Court Dismisses Preliminary Objections in Writ Petition on Standing Committee Term Expiry under Bombay Provincial Municipal Corporations Act, 1949. Acquiescence Rejected on Ground that There is No Estoppel Against Law; Laches Not Applicable as Issue Raised Continuing Cause of Action.

The writ petition was filed by Prashant Prabhakar More, an elected Councilor of the Nashik Municipal Corporation, under Article 226 of the Constitutio...