Search Results for "Execution petition maintainability"

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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...
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Search Results for "Execution petition maintainability"

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High Court

Bombay High Court Allows Execution Petition Despite Small Causes Court Decree Alleged Without Jurisdiction — Executing Court Cannot Go Behind Decree Under Section 47 CPC. The executing court dismissed the darkhast on the ground that the decree was passed without jurisdiction, but the High Court held that the executing court cannot go behind the decree and must execute it as it is.

2 Aug 2006

The petitioners, decree holders, obtained a decree dated 14.7.1991 in R.C.S. No. 638/94 from the 2nd Additional Small Causes Court, Nagpur. They filed...

High Court

Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

15 Sep 2010

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Tender Conditions as Misconceived. Tender conditions requiring prior experience and financial capacity are valid and not arbitrary.

30 Apr 2024

The petitioners, four private limited companies engaged in infrastructure development, filed a writ petition challenging the terms of a tender floated...

High Court

Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

15 Jun 2026

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

High Court

Bombay High Court Allows Second Appeal in Muslim Divorce Case — Civil Court Cannot Grant Maintenance and Matrimonial Property Relief in Suit Under Dissolution of Muslim Marriages Act, 1939. Held that reliefs of maintenance and share in jointly owned property are not ancillary to divorce under Section 2 of the Act and must be pursued under separate statutory forums.

2 Aug 2018

The case involves a Second Appeal filed by the husband (appellant) against the judgment of the District Judge, Thane, which partly allowed the wife's ...

High Court

High Court of Judicature at Bombay Hears Writ Petition Against Labor Court's Overtime Wage Award to Retired Employees of MSEDCL. The Maintainability Under Section 33(C)(2) of Industrial Disputes Act, 1947 and Coverage of Artisan-A Post Under Circular Dated 26.06.2000 Are at Issue.

13 Jun 2025

The present writ petition was filed by the Superintending Engineer and Executive Engineer of Maharashtra Electricity Distribution Company Limited (MSE...

High Court

High Court of Karnataka Dismisses Appeal in Succession Act Case — Will Not Duly Executed as Per Section 63 of Indian Succession Act, 1925. Propounder Failed to Prove Execution and Attestation Requirements, Leading to Dismissal of Probate Petition.

8 Sep 2023

The case involves an appeal filed by Mrs. Eulalia Sequeira Nee Menezes against the dismissal of her petition for probate of a Will dated 06.08.1993 al...

High Court

Bombay High Court Dismisses Petitioner's Challenge to State Commission's Order Setting Aside Attachment in Consumer Dispute. Earlier writ petition challenging same order dismissed for non-prosecution; no fresh cause of action shown.

4 May 2010

The petitioner, R.B. Upadhyay, filed a consumer complaint against Vodafone Essar Ltd. (respondent No.2) for deficiency of service on 20 March 2008, al...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Patent Infringement Suit — Director's Authority to Sue Not Barred by Absence of Board Resolution at Plaint Stage. The court held that Order 29 Rule 1 CPC allows a director to sign and verify pleadings, and the absence of a board resolution is not a ground for rejection under Order 7 Rule 11(d) CPC.

2 Sep 2014

The appellant, M/s. Alcon Electronics Pvt. Ltd., filed a suit against the respondent, Celem S.A., in the District Court at Nashik seeking a declaratio...

High Court

High Court of Judicature at Bombay, Aurangabad Bench Dismisses Husband's Appeal Against Order to Return Stridhan — Belated Objection to Territorial Jurisdiction Not Maintainable Without Failure of Justice. Suit for Recovery of Stridhan Filed by Wife Under Specific Relief Act at Her Place of Residence After Separation Held Not Barred as Objection Not Raised Before Settlement of Issues.

12 Dec 2006

The matter arose from a petition filed by the wife before the Family Court, Aurangabad, seeking recovery of her stridhan articles worth Rs. 1,37,450, ...

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