Search Results for "defeat execution"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "defeat execution"

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High Court

High Court of Karnataka Allows Appeal in Property Injunction Suit — Plaintiff Fails to Prove Possession. Suit for Permanent Injunction Dismissed as Plaintiff's Possession Not Established and Title Not Proven, Relief of Declaration Not Sought.

29 Apr 2026

The appellant, Smt. Sabiha Banu R, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and de...

Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

20 Jul 2021

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

High Court

Bombay High Court Dismisses Petition Seeking Attachment of Compensation Money Under Order XXXVIII Rule 5 CPC. Land acquisition compensation intended for livelihood restoration cannot be treated as property disposed to defeat decree.

3 Sep 2018

The petitioner, Manoj Jaiswal, filed a writ petition challenging an order refusing to attach compensation money received by the respondent, Prakash Ja...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Suit for partition and separate possession of joint family properties held not barred by limitation as possession of co-owner is possession on behalf of all co-owners under Hindu law.

18 Mar 2015

This is a first defendant's appeal against the judgment and decree dated 09.04.2010 passed in R.A. No.255/2002 on the file of the Presiding Officer, F...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Court holds that suit for partition is not barred by limitation as long as the plaintiff remains in joint possession and that a co-parcener can seek partition of joint family property even after a preliminary decree.

18 Mar 2015

This is a first defendant's second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.04.2010 pas...

High Court

Bombay High Court Partially Allows Appeals Against Arbitrator's Interim Order in Share Dispute — Upholds Injunction but Sets Aside Directions for Affidavit of Assets and Restraint on Alienation. The court held that the arbitrator exceeded jurisdiction by granting relief akin to Order 38 Rule 5 CPC without proper pleadings, but upheld other interim measures under Section 17 of the Arbitration and Conciliation Act, 1996.

17 Jul 2014

The judgment concerns two arbitration petitions arising from a dispute between Tulsi Castings and Machining Limited (and its directors) and India Vent...

High Court

Bombay High Court Allows Chamber Summons to Raise Attachment Under Order 21 Rule 54 CPC — Bona Fide Purchaser for Value Without Notice of Decree Protected. The court held that an attachment order served after the purchaser had paid full consideration and obtained possession is not binding on the purchaser.

6 Apr 2005

The present chamber summons was taken out by the applicant, Rajneesh Agarwal & Associates P. Ltd, seeking to raise an attachment under Order 21 Rule 5...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

30 Nov -0001

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...

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