Search Results for "Execution Proceedings"

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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.

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

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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.

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

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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.

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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Bombay High Court Dismisses Petitions Challenging CBI Investigation in Bhima Koregaon Case — Sanction Under Section 197 CrPC Not Required for CBI Officers. CBI Investigation Valid Under DSPE Act as Section 6A Struck Down by Supreme Court.

The judgment concerns four writ petitions filed by individuals (Anant Pandurang Kale, Ashwini Kshirsagar, Naveen Kumar Rai and Siraj Razzak Bagwan, Pa...

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Supreme Court Dismisses Plaintiff’s Appeal in Hindu Succession Case — Doctrine of Pious Obligation Applied to Tamil Vannian Christians. Endorsee of Promissory Note Entitled to Sue Non-Executant Coparceners Where Endorsement Transfers Debt under Hindu Law

The dispute arose out of a suit for partition and declaration filed by the appellant (plaintiff), the son of the eighth defendant, against the first r...

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KAHC010521472015_1

The plaintiff, a company registered under the Companies Act, 1956, engaged in developing resorts and health clubs, entered into an agreement to purcha...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...