Search Results for "original proceeding"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "original proceeding"

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High Court

Bombay High Court Allows Civil Revision Application in Execution Proceedings — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. The court held that execution against legal representatives of a deceased judgment-debtor without substituting them in place of the deceased is not maintainable under Order 21 Rule 22 of the Code of Civil Procedure, 1908.

14 Feb 2014

The case involves a civil revision application filed by the legal representatives of the original defendant (Sukhlal Bhivsan Dhobi) against the decree...

High Court

Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

30 Nov -0001

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...

High Court

High Court of Bombay, Nagpur Bench Considers Confirmation of Death Sentence Awarded in Sessions Trial for Kidnapping and Murder of Minor Child. Conviction Under Sections 364A, 302, 201 IPC Based on Circumstantial Evidence Including Last Seen, Ransom Call, and Discovery of Body Under Section 27 Evidence Act.

5 May 2016

The High Court of Judicature at Bombay, Nagpur Bench was seized of a confirmation case (Criminal Confirmation Case No. 1 of 2016) and two connected cr...

High Court

Bombay High Court Allows Asset Reconstruction Company's Petition Against DRT Interim Relief in SARFAESI Act Case — Assignment of Debt by IIFL Upheld. The court set aside the DRT and DRAT orders granting ad-interim relief restraining the petitioner from taking steps in respect of secured assets under Section 17 of the SARFAESI Act, 2002, as the tribunals failed to consider the validity of the assignment and the balance of convenience.

18 Jan 2023

The petitioner, ASREC (India) Ltd., an Asset Reconstruction Company, challenged the order of the Debt Recovery Tribunal (DRT) dated 2 June 2022 granti...

High Court

Bombay High Court Allows Condonation of Delay in Customs Appeal Due to Bona Fide Prosecution Before Wrong Forum. The Court held that the period spent before the revisionary authority under a bona fide belief should be condoned, and the CESTAT erred in rejecting the application.

25 Jul 2023

The appellant, Zulfikar Abdul Rashid Khan, is a businessman dealing in motor vehicles and parts. A show cause notice dated 12 August 2011 was issued u...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Rejection of Plaint in Suit Challenging SARFAESI Action — Civil Court Has Jurisdiction to Entertain Suit Alleging Violation of RBI Guidelines and Fraud.

14 Nov 2019

The case involves a civil revision application filed by Bank of Baroda (applicant/original defendant) challenging an order dated 26/04/2018 passed by ...

High Court

High Court of Judicature at Bombay Hears Notice of Motion for Reference to Arbitration in Dispute Between Commodity Spot Exchange and Member. Defendant Exchange Seeks to Rely on Bye-Laws and Undertaking as Arbitration Agreement Under Section 8 of Arbitration and Conciliation Act, 1996.

10 Sep 2014

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Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution Proceedings and Possession Warrants in Suit for Specific Performance. Third-party purchasers cannot resist execution of decree for specific performance when they purchased property during pendency of suit without obtaining leave of court under Order XXI Rule 97 CPC.

22 Sep 2025

The present writ petition was filed by M/s. Prembrothers Infrastructure LLP and M/s. DJ Sons Hospitality (the petitioners) challenging the execution p...

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