Search Results for "execution dismissal default"

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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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "execution dismissal default"

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High Court

Bombay High Court Allows Second Appeal in Partition Suit — Reverses Lower Appellate Court's Dismissal for Non-Prosecution. Held that an appeal cannot be dismissed for default under Order 41 Rule 17(1) CPC if the appellant or counsel is absent; the court must decide on merits under Rule 17(2) if the respondent is present and ready to argue.

9 Nov 2006

The appellants, who were plaintiffs in a partition suit, filed a second appeal before the Bombay High Court against the judgment of the District Judge...

Tribunals

NCLAT Dismisses Appeal in Insolvency Case Due to Lack of Privity of Contract. Operational Debt Claim Under Section 9 of IBC, 2016 Fails as No Direct Contractual Relationship Exists Between Appellant and Respondent.

25 Sep 2024

The present appeal was filed by Rahee Jhajharia E to E JV (the Appellant) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against t...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

High Court

High Court of Bombay at Aurangabad Considers Writ Petition Against Interim Injunction Restraining Bank Guarantee Encashment; Contract Formation and Arbitration Clause Among Issues. The Court Examines Whether a Concluded Contract Existed and Whether Civil Court Jurisdiction Is Barred by an Arbitration Clause, but the Provided Judgment Excerpt Is Incomplete.

17 Feb 2010

This writ petition arose from a dispute over the encashment of a bank guarantee submitted as bid security in a tender process. The petitioner, a corpo...

Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case Due to Successful Rebuttal of Presumptions and Unjustified Appellate Interference. The Court held that the accused raised a probable defence under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881, and the High Court erred in overturning the Trial Court's acquittal as the findings were not perverse.

22 Apr 2025

The appeal arose from a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged lending Rs. 20,00,000...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

Bombay High Court Allows Appeal in Suit for Specific Performance — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence and Failure to Examine Attesting Witnesses. The Court held that the plaintiff failed to prove execution of the agreement under Section 68 of the Evidence Act and readiness and willingness under Section 16(c) of the Specific Relief Act, reversing the lower appellate court's decree.

11 Dec 2025

The present appeal arises from a suit for specific performance of an agreement to sell dated 12-12-1994 filed by the original plaintiff (since decease...

High Court

Karnataka High Court Allows Appeal in Recovery Suit, Reduces Interest Rate from 23% to 6% p.a. for Money Lending Transactions. Court Held That Charging 23% Interest Was Unconscionable and Excessive Under Section 34 CPC, and Reduced It to 6% p.a. Simple Interest.

1 Dec 2015

The plaintiff, G.R. Shet, proprietor of M/s Shet & Co., filed a suit for recovery of money against M/s Bawa Enterprises (a partnership firm) and its p...

Supreme Court

Supreme Court Upholds Polluter Pays Principle in Tannery Pollution Case — Directs Comprehensive Compensation and Remediation for Environmental Degradation in Vellore District. The court affirmed that tanneries are strictly liable for ecological damage and health impacts, and the Loss of Ecology Authority's compensation assessment must be enforced with government backup liability.

13 Feb 2025

The Supreme Court of India delivered a landmark judgment addressing the severe environmental degradation caused by tannery industries in Vellore Distr...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

6 Feb 2024

The case involves two second appeals arising from a property dispute between family members. The appellants in SA-284-2019 were the original defendant...

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