Search Results for "Execution petition maintainability"

Trending :

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 "Execution petition maintainability"

971 result(s) found

Home Search Results

Scroll Down To Discover

Found 971 result(s)

High Court

Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

17 Oct 2018

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

High Court

High Court of Karnataka Examines Validity of SARFAESI Act Auction Sale Where Title Derived from Alleged Forged Documents. Court Considers Whether Auction Purchaser is Entitled to Refund of Sale Consideration on Ground of Fraud.

28 Jul 2023

The writ petition was filed by M/s Paramount Constructions Company challenging the sale certificate dated 10.10.2014 issued by the Authorised Officer ...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

High Court

Division Bench of the High Court for the State of Telangana considers maintainability of Letters Patent Appeals arising from execution proceedings in an international commercial arbitration matter. The Bench examined the preliminary objection that an appeal under Clause 15 of the Letters Patent is barred by Section 13(2) of the Commercial Courts Act, 2015 unless the impugned order is appealable under Order XLIII of the Code of Civil Procedure, 1908 or Section 37 of the Arbitration and Conciliation Act, 1996.

3 Aug 2026

The matter before the Division Bench of the High Court for the State of Telangana arose from two Original Side Appeals filed by a company incorporated...

High Court

High Court of Karnataka Dharwad Bench Examines Appeal and Cross-Objection Against Partial Decree in Suit for Declaration and Injunction Involving Adoption and Revenue Entries. The court considered the maintainability of the appeal under Section 96 of the Code of Civil Procedure, 1908, in light of the alternative remedy of revision under Section 136 of the Karnataka Land Revenue Act, 1964.

1 Aug 2017

The suit O.S. No.57/2010 was filed by the plaintiff (appellant in RFA No.4174/2012) before the Principal Senior Civil Judge, Bagalkot, seeking declara...

High Court

Bombay High Court Dismisses Appeal Against Order Partially Rejecting Amendment in Section 34 Petition Under Arbitration Act — Amendment Sought After Limitation Period Not Allowed as It Would Introduce New Grounds Beyond Scope of Section 34.

3 Jul 2021

The Appellant, Oil & Natural Gas Corporation Ltd. (ONGC), filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation...

High Court

High Court of Bombay at Nagpur Allows Bank's Petition Against Registrar's Refusal to Register Original Application in Debt Recovery Case. Registrar's Role is Ministerial and Cannot Decide Tenability Under Rule 5 of Debts Recovery Tribunal (Procedure) Rules, 1993.

23 Mar 2015

The petitioner, Bank of India, a nationalized bank, had granted financial assistance to a limited company, with Ms. Avantika Chauhan as a guarantor. T...

6 7 8 9 10

Full Name * Username * Mobile Number * Email Address * State/UT * City * Password * Confirm Password * Referral Code (Optional)