Search Results for "notice under Section 32(2)"

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High Court declined to quash FIR in Land Fraud Case Under Bharatiya Nyaya Sanhita, 2023 though Civil Nature of Dispute and Complaint by Power of Attorney Holder is sustained

The petitioner, accused No. 8 in a land fraud case, sought quashing of FIR registered under various sections of Bharatiya Nyaya Sanhita, 2023 (BNS) fo...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction for Nuisance Under Bombay Rent Act. Concurrent Findings of Fact on Nuisance Under Section 13(1)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Upheld.

The petitioner, original defendant Suklal Kalu Thorat (since deceased, represented by legal heirs), filed a writ petition challenging the judgment dat...

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Bombay High Court Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...

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Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid for Non-Compliance with Mandatory Period.

The appellant, Kishor S/o Ramalu @ Rambhau Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Mahara...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955. Allegations of Cruelty Were Vague and Desertion Not Proven, Affirming Family Court's Dismissal of Divorce Petition.

The appellant-husband filed a petition under Section 28 of the Hindu Marriage Act, 1955, challenging the Family Court, Pune's order dated 18 July 2000...

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Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...