Search Results for "declaration decree"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "declaration decree"

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High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

High Court

Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

15 Dec 2025

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

Supreme Court

Supreme Court Allows Appeal by Auction Purchaser, Holding that Doctrine of Lis Pendens Applies to Mortgage Award Proceedings under Section 52 Transfer of Property Act, 1882. Purchase Made During Pendency of Mortgage Award Proceedings Not Protected by Prior Attachment; Release Deed by Mortgagee Society Held Binding but Not Affecting Pending Award.

5 Sep 1969

The dispute arose from a series of transactions concerning two survey numbers in Mouza Buxar. One Ram Narain Ram mortgaged his half share in the plots...

High Court

High Court Permits Official Liquidator to Break Open Lock and Take Physical Possession of Company Premises Despite Collusive Tenancy Decrees Obtained After Winding Up Without Leave Under Section 446 Companies Act, 1956. The court held that decrees obtained without leave under Section 446 are void and the Official Liquidator is entitled to possession.

30 Aug 2019

The Official Liquidator filed a report seeking permission to break open the lock put by the ex-management of J.B. Diamonds Limited (in liquidation) an...

High Court

High Court of Karnataka Quashes Megha Lok Adalat Decree in Property Suit — Petitioner Not a Party to Compromise. Decree Passed Without Jurisdiction as Dispute Was Not Referable to Lok Adalat Under Section 20 of Legal Services Authorities Act, 1987.

23 Aug 2024

The petitioner, Kishore Baldev Bajaj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a decree dated 25...

High Court

Karnataka High Court Quashes Order Allowing Amendment in Final Decree Proceedings to Include Property Not Part of Original Suit — Amendment Under Order VI Rule 17 CPC Not Permissible After Decree Has Attained Finality.

1 Apr 2014

The petitioner, the 2nd defendant in a partition suit, challenged the trial court's order allowing an application under Order VI Rule 17 of the Code o...

High Court

High Court Disposes Writ Petition Under Article 227 of Constitution of India, Directs Trial Court to Reconsider Compromise Decree in Ancestral Property Dispute Involving Fraud Allegations

14 Jan 2026

The petitioners filed a writ petition under Article 227 of Constitution of India to quash a compromise decree in OS No. 123/2025, alleging it was frau...

High Court

Bombay High Court Dismisses Petition Challenging Execution Order in Land Dispute — Execution Application Held Not Maintainable Due to Lack of Decree in Favour of Petitioner. The court upheld the executing court's finding that the petitioner was not a decree holder and the execution was barred by limitation under Order 21 of the Code of Civil Procedure, 1908.

20 Dec 2011

The petitioner, Pandurang Sazo Gaonkar, filed a writ petition before the Bombay High Court at Goa challenging an order dated 12.03.2009 passed by the ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree Based on Civil Death Declaration. Objections under Section 47 CPC Held Not Maintainable After Decree Attains Finality.

8 Dec 2021

The petitioners, Jaibunissa and Abdul Hamid Khan, were tenants of premises owned by Salimuiddin Khan. Salimuiddin had inducted them on a long lease. A...

High Court

Bombay High Court Considers Whether Official Assignee Can Adjudicate Claims Without a Pre-existing Decree Under Presidency-Towns Insolvency Act, 1909. Legal Question Framed for Determination Concerning the Scope of the Official Assignee's Adjudicatory Powers Under Sections 6, 46, and 48 of the Presidency-Towns Insolvency Act, 1909.

2 Jul 2026

The matter arose out of two insolvency petitions where a creditor lodged a claim with the official assignee. The official assignee took the position t...

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