Search Results for "commercial execution"

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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 "commercial execution"

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Supreme Court

Supreme Court Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

High Court

Bombay High Court Quashes Attachment Order in Defamation Suit Execution — Attachment of Immovable Property Without Notice to Judgment Debtor Violates Order XXI Rule 54 CPC. Court holds that issuance of attachment warrant without prior notice to the judgment debtor and without recording reasons is illegal and liable to be set aside.

4 Sep 2013

The petitioner, Dilipkumar Hirachand Jain, was the original plaintiff No.2 in Special Civil Suit No.332 of 1996, which was a suit for damages for defa...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit, Upholds Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness for specific performance, but defendant must refund earnest money with 12% interest under Section 22 of Specific Relief Act, 1963.

1 Jan 2026

The appellant (plaintiff) entered into a sale agreement dated 19.03.2010 with the respondents (defendants) for purchase of property bearing Survey No....

High Court

High Court of Karnataka Dismisses Writ Petition of Guarantor Challenging Dismissal of Application to Set Aside Sale Under Order XXI Rule 90 CPC. Guarantor Failed to Prove Material Irregularity or Fraud Causing Substantial Injury in Execution Sale.

10 Dec 2019

The petitioner, Smt. K. Gayathri Mallya, was the judgment debtor No.2 and a guarantor for a loan obtained by respondent No.4 (judgment debtor No.1) fr...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition as Misuse of Process in Redevelopment Dispute with Non-Member Occupant. Court holds that a developer cannot seek interim relief against a non-signatory occupant under Section 9 of the Arbitration and Conciliation Act, 1996, where the occupant has independent rights and is not bound by the arbitration agreement.

30 Sep 2024

The petitioner, Gulshan Townplanners LLP, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim ...

High Court

Bombay High Court Dismisses Recall and Review Applications in Bank Loan Assignment Case — Consent Order Recorded on Minutes of Order Cannot Be Unilaterally Recalled. Assignment of Debt and Security by Co-operative Bank to Third Party Under OTS Upheld Despite Subsequent Objections by Liquidator and Suspended Director.

11 Mar 2025

The judgment concerns three applications seeking recall or review of an order dated 21 October 2022 passed by the Bombay High Court in Writ Petition N...

Supreme Court

Supreme Court Partly Allows Appeals in Mesne Profits Dispute, Modifying High Court's Reduction. The Court held that the High Court erred in mechanically reducing mesne profits by 50% without considering market rate and property potential, and fixed new rates to meet the ends of justice during stay of execution under the Code of Civil Procedure, 1908.

10 Mar 2022

The dispute arose from four suits filed by the appellant for recovery of possession of portions of a residential house and mesne profits against the r...

Supreme Court

Supreme Court Dismisses Appeal Against High Court Order Allowing Construction After Lok Adalat Award Demolition. Lok Adalat Award Does Not Bar Subsequent Permitted Construction Under Kerala Panchayath Building Rules, 2011.

24 Apr 2019

The appellant, Dr. Cheriyath Jyothi, a resident of Karakulam Gram Panchayath, filed a complaint before the Panchayat Secretary on 6 May 2013 alleging ...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in the arbitrator's findings.

7 Feb 2024

The petitioner, Rajuram Sawaji Purohit, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set a...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

25 Jun 2019

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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