Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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High Court

Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

28 Mar 2014

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

High Court

High Court Hears Appeal and Cross-Objections Against Dismissal of Declaration Suit. Suit Filed by Brother of Deceased Religious Head for Declaration of Ownership of Property Allotted in 1952, Dismissed by Trial Court.

28 Mar 2014

This Regular First Appeal and cross-objections arise from the judgment and decree dated 9 September 2005 passed by the Principal City Civil and Sessio...

High Court

High Court of Judicature at Bombay Considers Writ Petition Seeking Refund of Stamp Duty on Unexecuted Instrument Under the Maharashtra Stamp Act, 1958. Court examines whether payment of stamp duty without execution of an instrument constitutes a valid charge and whether writ jurisdiction can be invoked for refund beyond the statutory limitation period, focusing on the definition of ‘instrument’ under Section 2(l) and the scheme of Sections 47 and 48.

12 Dec 2025

The writ petition raised the question whether the High Court’s extraordinary jurisdiction under Article 226 of the Constitution could be invoked to ...

Supreme Court

Supreme Court Dismisses Appeal by Distribution Companies in Electricity Regulatory Dispute - Upholds APTEL's Direction for Merits-Based Disposal of Tariff Determination and Power Purchase Agreement Approval Petitions. Appellate Tribunal for Electricity Correctly Ordered State Commission to Decide Petitions on Merits After State Commission Allowed Withdrawal of One Petition and Dismissed the Other, Ensuring Statutory Functions Under Electricity Act, 2003 Are Fulfilled.

2 Feb 2022

The appeal arose from a dispute between Distribution Companies (DISCOMS) and Hinduja National Power Corporation Limited (HNPCL) regarding power purcha...

High Court

Bombay High Court Dismisses Tenant's Challenge to Executability of Compromise Decree Passed by National Lok Adalat in Rent Eviction Suit. Tenant who voluntarily agreed to vacate premises for redevelopment and invited decree is estopped from questioning its validity or executability under Section 15(2) of Legal Services Authorities Act, 1987.

8 Dec 2022

The present petitions arise out of three eviction suits filed by the respondents/landlords against the petitioners/tenants under the Maharashtra Rent ...

High Court

Bombay High Court Dismisses Landlords' Petition Challenging Remand Order by Maharashtra Revenue Tribunal in Tenancy Dispute. Finality Clause under Section 73 of Bombay Tenancy and Agricultural Lands Act, 1948 Does Not Bar Revision Jurisdiction of Tribunal When Possession Issue Remains Unresolved.

14 Sep 2005

The petitioners, landlords, were aggrieved by an order of the Maharashtra Revenue Tribunal (MRT) dated 31 July 1991 in Revision Application No. MRT.P....

High Court

Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

31 Aug 2012

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition Challenging Execution Court's Order in Specific Performance Suit — Direction to Get Property Measured and Produce Sketch with New Survey Number Upheld. Execution Court's Order Under Section 47 CPC Is Procedural and Not Subject to Interference Under Article 227.

1 Feb 2019

The petitioner, who was the plaintiff in O.S. No.84/2002 on the file of the Civil Judge (Jr.Dn.), Chintamani, filed a suit for specific performance of...

High Court

Bombay High Court Dismisses Revision Against Execution of Compromise Decree in Specific Performance Suit — Jurisdiction Objection Waived by Consent Decree. Clause 22 of Agreement Conferring Jurisdiction on Pune Courts Held Binding Despite Property Location in Satara.

19 Oct 2011

The applicant, M/s. Indrayani Foods Ltd., entered into an agreement to sell two properties in Satara district to the respondent, PamPac Machines Pvt. ...

High Court

Bombay High Court Dismisses Decree Holders' Challenge to Executing Court's Order Permitting Objector to Lead Evidence in Execution Proceedings. Executing Court Has Discretion to Allow Oral Evidence Under Order 21 Rule 105 CPC When Objector Raises Substantial Questions Regarding Executability of Decree.

10 Apr 2019

The petitioners, decree holders, filed two writ petitions challenging identical orders passed by the Court of Joint Civil Judge, Senior Division, Nagp...

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