Search Results for "Decree Holder Substitution"

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Search Results for "Decree Holder Substitution"

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High Court

High Court of Bombay addresses the legal effect of unilateral arbitrator appointments made prior to 23 October 2015 in light of the 2015 amendment to the Arbitration and Conciliation Act, 1996. The court examines whether such appointments are void ab initio and the jurisdiction of the executing court to entertain challenges at the execution stage.

4 Aug 2026

The judgment concerns a reference from the Executing Court in a batch of execution applications filed by M/s. S. E. Investments Ltd. (now Paisalo Digi...

High Court

KAHC010102062008_1

10 Aug 2018

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Supreme Court

Supreme Court Upholds Execution Against Bhumidhari Rights and Trees Under U.P. Encumbered Estates Act. Bhumidhari Rights Held Not to be Proprietary Rights, and Trees Not Vesting in State are Debtor's Property Liable to Execution.

25 Sep 1969

The dispute arose from execution proceedings under the Uttar Pradesh Encumbered Estates Act, 1934. The predecessors-in-interest of the appellants were...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

High Court

High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

19 Dec 2024

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

High Court

Bombay High Court Full Bench Upholds Appellant Bank in Debenture Trustee Suit, Holding Civil Court Jurisdiction Not Barred by RDB Act. Bank Acting as Debenture Trustee for Recovery of Debentureholders' Dues Is Not a 'Debt Due to Bank' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Suit Maintainable on Original Side.

7 Mar 2016

The litigation arose from a suit filed in February 2002 by a banking company acting as a debenture trustee for recovery of Rs. 997 lacs together with ...

High Court

Bombay High Court Examines Challenge to Waqf Tribunal's Interim Order in Property Dispute. The Revision Application Raised Jurisdictional Question Regarding the Competence of a Single-Member Tribunal After the 2013 Amendment to the Waqf Act, Without a Transitory Provision.

11 Sep 2015

The case arose from a civil revision under Section 83(9) of the Waqf Act, 1995, filed by the original defendants (Magnum Developers and others) challe...

High Court

Bombay High Court at Goa Hears Writ Petitions Challenging Constitutional Validity of State Amendments to Succession Law. Petitioners Seek Declaration That Retrospective Amendments Altering Order of Succession and Legitime Are Ultra Vires Article 14 of the Constitution of India.

8 May 2026

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High Court

High Court of Karnataka Allows Petition in Part Regarding Stamp Duty on Arbitral Award in Execution Proceedings — Directs Payment of Proper Stamp Duty and Penalty Under Karnataka Stamp Act, 1957. The court held that stamp duty on an arbitral award is payable at the rate applicable on the date of the award, not the date of execution petition, and the decree-holder is liable to pay the same.

28 Jul 2023

The case involves two writ petitions arising from execution proceedings in Com.Ex.Pet.No.224/2021 before the LXXXVII Addl. City Civil and Sessions Jud...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

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