Search Results for "decree beyond plaint"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "decree beyond plaint"

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High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

Bombay High Court Upholds Leave Granted Under Clause XII of Letters Patent in Trademark Infringement Suit — Plaintiff's Business Activities in Mumbai Confer Territorial Jurisdiction. The court held that the plaintiff had established a prima facie case that part of the cause of action arose within the jurisdiction of this court, and the defendants failed to discharge the burden of proving that the leave was improperly granted.

12 Jul 2017

The plaintiff, M/s Black Ticket Films, a registered partnership firm based in New Delhi, filed a suit in the Bombay High Court against two defendants ...

High Court

High Court of Karnataka Dismisses Writ Petition by Government Undertaking Challenging Execution Court Order on Interest Calculation in Arbitral Award Enforcement. Court upholds execution court's acceptance of decree holder's memo of calculation, rejecting judgment debtor's objections regarding interest computation under Section 34 of CPC.

4 Apr 2017

The petitioners, Karnataka Neeravari Nigam Ltd. and its Executive Engineer, a Government of Karnataka undertaking, had engaged the respondent, M/s. Sh...

High Court

Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

26 Jun 2014

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

High Court

Bombay High Court Dismisses Second Appeal in Trust Dispute — Upholds Concurrent Findings on Validity of Consent Decree. Court holds that a consent decree passed in a suit for administration of trust is not null and void and can be challenged only on grounds of fraud or collusion, which were not established.

8 Jan 2014

The original plaintiff, Sushilabai Byramji, filed Regular Civil Suit No.63 of 1982 seeking rendition of accounts, execution of trusts, setting aside o...

High Court

Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

18 Oct 2013

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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