Search Results for "interlocutory jurisdiction"

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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 "interlocutory jurisdiction"

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Tribunals

NCLAT Dismisses Appeal by Personal Guarantors Against Liquidation Order for Lack of Locus Standi and Limitation. The appeal challenging the liquidation of M/s. Raihan Healthcare Pvt. Ltd. under Section 33 of the Insolvency and Bankruptcy Code, 2016 was dismissed as the personal guarantors had no standing to challenge the liquidation without their liability being adjudicated under Section 60(2) of the IBC.

9 Jul 2024

The case involves an appeal filed by M.K. Resely and seven others (appellants) against the liquidation order of M/s. Raihan Healthcare Pvt. Ltd. (corp...

Supreme Court

Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

23 Apr 2026

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...

High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

High Court

High Court Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Court Fees Act, 1870 Section 13. The Debt Recovery Tribunal has inherent power to order refund of court fees under Section 13 of the Court Fees Act, 1870 when the main petition is disposed of as infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

Supreme Court

Supreme Court Allows Appeal in Partition Execution Dispute — Preliminary Decree Held Executable Despite Pendency of Final Decree Proceedings. The Court restored execution proceedings under Order 20 Rule 18 CPC, emphasizing that a preliminary decree in a partition suit is executable even before the final decree is passed.

1 Jan 2026

The appellant, Jennifer Messias, and her husband Peter Messias purchased a flat in Jabalpur in 1991. They were judicially separated in 2003, confirmed...

High Court

Bombay High Court Dismisses Suit for Declaration and Injunction in Share Dispute Due to Limitation and Lack of Urgency. Plaintiff's claim for declaration of share ownership and rectification of register barred by limitation under Article 58 of Limitation Act, 1963 as cause of action arose in 1998 but suit filed in 2008.

16 Mar 2017

The plaintiff, Messer Holdings Limited, a company incorporated in British Virgin Islands, filed a suit in 2008 seeking a declaration that it is the ow...

High Court

Bombay High Court Allows Appeal Holding Order Under Section 73A Not Appealable Under Section 70 of Mumbai Public Trust Act. Intervention Order Under Section 73A Is Interlocutory and Not a Final Order Under Section 22, Hence No Appeal Lies Under Section 70.

16 Aug 2018

The appellant, a registered reporting trustee of a public trust, filed a change report under Section 22 of the Mumbai Public Trust Act, 1950. The resp...

High Court

Madras High Court Sets Aside Conditional Order in Section 8 Application — Trial Court Exceeded Jurisdiction by Imposing Conditions While Referring Dispute to Arbitration. The court held that under Section 8 of the Arbitration and Conciliation Act, 1996, the court's role is limited to referring parties to arbitration and cannot impose interim conditions, which are governed by Sections 9 and 17 of the Act.

23 Jan 2026

The case arises from a civil revision petition filed by the defendants (petitioners) against an order of the Principal District Munsif at Puducherry d...

High Court

High Court of Bombay at Goa Quashes Interim Order of SC/ST Commission for Lack of Jurisdiction — Commission Cannot Issue Binding Interim Directions. The Court held that the Goa Commission for SC/ST exceeded its jurisdiction by passing an interim direction not to interfere with disputed property, as the Commission only has recommendatory powers under the Constitution.

21 Jul 2026

The petitioner, Shri Aditya Laxman Ghaisas, filed a writ petition before the High Court of Bombay at Goa challenging an order dated 8th November 2021 ...

Supreme Court

Supreme Court Remands Original Side Suit to High Court for Fresh Adjudication Due to Lack of Reasoned Judgment. Lack of Reasons by Trial and Appellate Courts Violated Principles of Judicial Procedure Under Order XLIX Rule 3(5) of the Civil Procedure Code, 1908, and Necessitated Setting Aside of Decrees.

12 Mar 1969

The dispute arose after the death of the appellant's husband, an attorney-at-law. The first respondent filed a suit on the original side of the Calcut...

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