Search Results for "property attachment"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "property attachment"

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High Court

Madras High Court Allows Appeal by Decree-Holder in Specific Performance Execution, Setting Aside Executing Court's Order Allowing Third-Party Claim Under Order XXI Rule 58 CPC. Application Under Order XXI Rule 58 CPC Held Not Maintainable in Execution for Possession Without Attachment, and Successive Application Barred by Res Judicata.

30 Mar 2026

The appellant, V.M.Tamilselvan, was the plaintiff-decree holder in a suit for specific performance (O.S.No.622 of 2010) based on an agreement of sale ...

Supreme Court

Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

14 May 2024

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Attachment Before Judgment in Property Dispute — Order 38 Rule 5 CPC. The court held that the trial court erred in dismissing the application for attachment before judgment as the appellants had made out a prima facie case and the respondent was likely to dispose of the property.

7 Jul 2023

The appellants, who are the plaintiffs in O.S.No.160/2021, filed a suit seeking specific performance of a sale agreement dated 05.11.2018 executed by ...

High Court

Bombay High Court Allows Writ Petition Challenging GST Registration Cancellation Without Notice. Cancellation of registration under Section 29 of CGST Act, 2017 set aside for violation of principles of natural justice as no show-cause notice was issued before cancellation.

11 Feb 2022

The petitioner, Dee Vee Projects Ltd., a public limited company engaged in infrastructure development, was registered under the erstwhile State Sales ...

High Court

Bombay High Court Allows Writ Petition Challenging Tax Recovery Proceedings Against Trust. Section 179(1) of Income Tax Act, 1961 cannot be invoked against trustees of a trust for tax dues of a company.

13 Mar 2020

The petitioners, trustees of the Ramniklal C. Laliwala Family Benefit Trust, filed a writ petition under Article 226 of the Constitution of India chal...

High Court

Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

24 Aug 2018

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

High Court

High Court of Karnataka Quashes Attachment Order in EPF Recovery Case Due to Violation of Natural Justice. Attachment of Bank Accounts Without Prior Notice and Without Considering Pending Appeal Held Illegal Under Section 7A of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

29 Jan 2018

The petitioner, M/s G4S Secure Solutions India Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challeng...

High Court

Bombay High Court Holds Sheriff's Poundage Payable on Settlement Amounts in Admiralty Suits — Admiralty Jurisdiction — Sheriff's Fees — Table of Fees under Bombay Court Fees Act, 1959 — Court ruled that poundage is payable on the amount for which the vessel is released, including settlement sums, and not merely on the value of the vessel as per the warrant of arrest, and that the Sheriff is entitled to poundage even if the suit is settled before actual sale, as the Sheriff's services in effecting arrest and maintaining custody are rendered.

17 Jan 2018

The Bombay High Court addressed two unrelated admiralty suits tagged together to decide a common issue regarding the payment of poundage to the Sherif...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Rejection of Claim Petition Under Order 21 Rule 58 CPC — Mortgagee Bank's Rights Prevail Over Subsequent Attachment in Execution Proceedings. The court held that the learned Civil Judge erred in rejecting the bank's claim without inquiry and on an erroneous assumption that the attachment preceded the mortgage.

20 Oct 2011

The petitioner, Central Bank of India, filed a writ petition challenging an order dated 18/03/2011 passed by the learned Civil Judge, Senior Division,...

High Court

Bombay High Court Allows Amendment of Decree to Correct Name of Judgment Debtor and Sets Aside Attachment of Third Party's Property. Decree holder permitted to amend arbitration award and decree to substitute 'M/s. Sarju International' with 'M/s. Sarju International Ltd.' as the correct judgment debtor; attachment of bank account and property belonging to the third party applicant set aside as they were not the judgment debtor.

9 Sep 2005

The judgment concerns two chamber summonses arising out of an execution application. The first chamber summons was taken out by the decree holder, M/s...

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