Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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High Court

Karnataka High Court Allows Second Appeal in Execution Dispute Over Attached Property — Sale Agreement Prior to Attachment Confers Right to Resist Execution Under Order XXI Rules 58 and 97 CPC. The Court held that attachment before judgment does not create any right or title, and a prior sale agreement coupled with possession gives the purchaser a right to object to execution.

13 Apr 2015

The appellant, S.K. Gangadhara, entered into a registered sale agreement on 01.07.2004 for the purchase of a house property from Sri B.M. Krishna. The...

Supreme Court

Supreme Court Examines Constitutionality of Prohibitory Orders Under Section 144 CrPC Restricting Public Assembly. Judgment Clarifies That Reasonable Restrictions on Speech and Assembly Must Be Just, Fair and Reasonable Under Articles 19 and 21.

1 Aug 2026

The Supreme Court initiated a suo motu criminal writ petition regarding the incident at Ramlila Maidan on 4-5 June 2011, involving the imposition of p...

High Court

Bombay High Court Sets Aside Warrant of Attachment in Execution Proceedings Due to Approved Resolution Plan Under IBC. The court held that the MSEFC award was subsumed by the NCLT-approved resolution plan, which provided for 15% payment of the claim, and the execution could not proceed for the full award amount.

18 Mar 2024

The case involves an execution application filed by Mars Art Studio (the judgment creditor) against Shirdi Industries Limited (the judgment debtor) to...

High Court

Bombay High Court Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

17 Oct 2025

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

High Court

Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Decree for Subletting and Nuisance. Concurrent findings of fact by lower courts under Bombay Rent Act upheld as not perverse.

30 Nov -0001

The petitioners, Chellaram Jethanand Madhrani and Purushottam Jethanand Madhrani, were tenants of a premises owned by the respondent, Maruti Raghunath...

High Court

Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

6 Sep 2005

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

24 Aug 2023

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate in Indian Succession Act Case Due to Lack of Caveatable Interest and Proof of Adoption. Allegations of Fraud and Non-Service of Citation on Heirs Fail as Petitioner Fails to Establish Locus Standi and Execution of Will is Upheld.

10 Oct 2017

The Bombay High Court heard a miscellaneous petition filed by the nephew of a deceased woman seeking revocation of a probate granted in favor of the r...

Supreme Court

Supreme Court Dismisses Appeal Against Dismissal of Quashing Petition in Forgery Case — Allegations of Sale of Family Property by Power of Attorney Holder Require Trial on Merits. High Court's Refusal to Quash FIR Under Sections 467, 468, 469, 471 IPC Upheld as Prima Facie Case Made Out.

31 Jan 2024

The appeal arose from a Final Judgment and Order dated 12.03.2021 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.42776 o...

Supreme Court

Supreme Court Dismisses Special Leave Petition Challenging High Court's Setting Aside of Ex Parte Decree in Specific Performance Suit. High Court's Intervention Under Article 227 Upheld as Ex Parte Decree Was Nullity Due to Non-Appointment of Guardian for Minor Defendant Under Order XXXII Rule 3 CPC, Despite Defendants' Negligence and Delay.

16 Jul 2021

The dispute originated from a suit for specific performance of a sale agreement, where the plaintiffs obtained an ex parte decree against the defendan...

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