Search Results for "interlocutory jurisdiction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "interlocutory jurisdiction"

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High Court

Bombay High Court Dismisses Bank's Revision Against Execution Court Order Refusing to Attach Joint Family Property. UCO Bank's Suit Decreed Against Defendants Jointly and Severally, but Execution Court Held That Property of Non-Defendant Family Members Cannot Be Attached Without Proving That Loan Was for Family Necessity or Business Benefit Under Hindu Law.

17 Oct 2005

The petitioner, UCO Bank, had filed a Special Civil Suit No.94 of 1990 against defendants, including Ramchandra Namdeo Shirke (defendant No.1) and his...

High Court

Bombay High Court Dismisses Appeal in Partition Suit, Upholds Single Judge's Refusal of Interim Relief. Court holds that property acquired by siblings after father's insolvency cannot be presumed to be joint family property without evidence of joint funds or common business.

7 Oct 2013

The appeal arose from a judgment of a learned Single Judge dated 27 August 2013 dismissing a motion for interim relief in a suit for partition. The ap...

High Court

Bombay High Court Sets Aside Ad-Interim Mandatory Injunction in Property Dispute — Mandatory Injunction Requires Higher Threshold of Proof. Court holds that ad-interim mandatory injunction cannot be granted without considering serious questions to be tried, balance of convenience, and irreparable loss, and that the trial court must hear the notice of motion before passing such orders.

15 Oct 2013

The appellant, original defendant, challenged an ad-interim mandatory injunction passed by the City Civil Court, Dindoshi, on 16 September 2013, direc...

High Court

Bombay High Court Upholds Appointment of Court Receiver and Directions for Possession in Redevelopment Dispute — Non-Consenting Members Directed to Vacate to Facilitate Redevelopment. Court held that overwhelming majority of society members having consented, non-consenting members cannot obstruct redevelopment and must hand over possession through Court Receiver.

3 Oct 2013

The appeals arose from a judgment of the Learned Single Judge dated 16 September 2013 in a motion taken out by the first respondent (developer) in a s...

High Court

Bombay High Court Allows Development Work in Specific Performance Suit Based on Oral Agreement — Interim Injunction Granted to Protect Plaintiff's Possession and Development Rights Pending Trial. The Court held that the Plaintiffs had made out a strong prima facie case for specific performance of an oral agreement for sale of an undivided share in immovable property, and the balance of convenience favoured granting interim relief to carry out development work.

11 Nov 2013

The Plaintiffs, Man Chandak Developers Pvt. Ltd., filed a suit for specific performance of an oral agreement entered into with late Shri Mangilal Gula...

High Court

Bombay High Court Allows Appeal in MOFA Act Dispute Over Carpet Area Representation — Interim Injunction Granted to Protect Purchaser's Rights Pending Trial. The court held that the purchaser had made out a prima facie case and balance of convenience favoured grant of injunction to protect the subject matter of the suit under the Maharashtra Ownership of Flats Act, 1963.

11 Dec 2013

The appellants, Mrs. Sarika Paresh Mehta and Mr. Paresh Ratilal Mehta, original plaintiffs, entered into an agreement with the respondent, ERA Realtor...

High Court

Bombay High Court Dismisses Appeal Against Notice to Show Cause in Execution of Consent Decree — Order 21 Rule 22 CPC Notice Upheld as Procedural Step Not Final Adjudication.

8 Sep 2006

The case arises from an appeal filed by Dr. Amir Fidahusain and others against an order dated 12th June, 2006 passed by a learned single Judge of the ...

High Court

Bombay High Court Directs University to Grant Affiliation and Approve Admissions for Post Graduate Medical Courses. University's Inaction Held Unjustified; Students' Careers Cannot Be Jeopardized.

10 Jan 2014

The petitioners, Sinhgad Technical Education Society and Smt. Kashibai Navale Medical College & General Hospital, challenged the inaction of the Mahar...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Contempt Motion for Alleged Breach of Ad-Interim Order. Court Held That Respondent Had No Knowledge of the Ad-Interim Order and Therefore No Contempt Was Committed.

7 Aug 2014

The appellant, Pushpanjali Tie Up Pvt. Ltd., filed an appeal against the order of the learned single Judge dismissing its notice of motion under Order...

High Court

Bombay High Court Dismisses Contempt Notice Against Court Receiver in Specific Performance Suit — No Willful Disobedience Established. Filing of Clarification Application by Receiver Held Not Contemptuous Under Contempt of Courts Act, 1971.

31 Oct 2014

The Plaintiff, M/s. Sagar Construction Company, filed a suit for specific performance of an agreement for sale dated 16th October 1985 concerning prop...

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