Search Results for "Collusive 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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Collusive Decree"

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High Court

Madras High Court Allows Writ Appeal Against District Registrar's Order Cancelling Registered Settlement Deeds — Fraudulent Collusion and Abuse of Process Established. Court sets aside cancellation of settlement deeds executed by daughters in favour of father, holding that the District Registrar lacked jurisdiction to cancel registered documents under the Registration Act, 1908.

6 Jan 2025

The case involves a writ appeal filed by K. Ratnam against an order of the learned Single Judge dated 07.12.2018 dismissing his writ petition. The app...

High Court

Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

30 Aug 2023

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

High Court

High Court of Bombay at Goa Allows Second Appeal in Property Dispute — Sale Deed Duly Proved Cannot Be Discarded for Lack of Pleadings. Decree in Earlier Suit Not Binding on Non-Party Where Fraud Alleged.

7 Jul 2017

The appellant, Mrs. Prabhavati Prabhakar Naik, filed a second appeal against the judgment of the District Judge in a property dispute. The background ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Compromise Decree Validity — Oral Statements Not Sufficient to Transfer Ownership Under Order XXIII Rule 3 CPC. Sale Deed Executed During Pendency of Appeal Remains Valid and Not Affected by Subsequent Dismissal of Suit.

15 Jul 2024

The case involves a property dispute arising from two rounds of litigation. In the first round, Mansha Ram and others (plaintiffs) filed a suit for de...

High Court

High Court of Bombay at Goa Hears Appeal Against Trial Court's Refusal to Grant Specific Performance of Agreement to Sell Land. Trial Court Had Awarded Money Decree for Rs. 50,000 and Rs. 17,00,000 with Interest but Dismissed Claim for Specific Performance; Validity of Subsequent Sale Deed to Third Party Also in Issue.

5 Aug 2010

The appellant, M/s. Primella Sanitary Products Pvt. Ltd., filed a civil suit for specific performance of an agreement dated 4 September 1985 against r...

Supreme Court

Supreme Court Allows Appeal in Family Property Dispute — High Court Exceeded Revisional Jurisdiction by Decreeing Suit Based on Admission Without Trial. Order under Order 12 Rule 6 CPC set aside as admission must be clear, unambiguous, and not require interpretation.

1 Jan 2026

The present appeal arises from a family dispute over the sale proceeds of ancestral agricultural land. The respondent No.1 (plaintiff) filed a suit fo...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Garnishee Order Against Third Party in Arbitral Proceedings. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a non-signatory to the arbitration agreement without a prima facie case of liability.

16 Jul 2019

The petitioner, Jatin Keshruwala, sole proprietor of Janvi Production, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Allows Garnishee Order Against Respondent in Execution of Decree — Debt Acknowledged in Balance Sheets Constitutes Admission of Liability. The Court directed attachment and deposit of Rs. 17,40,82,984/- under Order XXI Rules 46 and 46A CPC, finding no real dispute under Rule 46-C.

11 Nov 2024

The Applicant, Drive India Enterprises Solutions Ltd., is the Judgment Creditor in a decree dated 10th September 2018 against the Judgment Debtor, Hai...

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