Search Results for "possession refusal"

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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 "possession refusal"

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High Court

Bombay High Court Upholds Landlord-Bank in Rent Control Eviction Matter Due to Unlawful Subletting and Bonafide Requirement. Partnership Deed Treated as Camouflage for Subletting Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Affirming Concurrent Factual Findings.

21 Aug 2025

These civil revision applications arose from two eviction suits filed by Sangli Urban Cooperative Bank Ltd, a cooperative bank registered under the Ma...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Dismisses Appeal in Consumer Dispute Over Limitation and Maintainability Under Consumer Protection Act 1986. Complaint Barred by Limitation as Cause of Action Arose When Municipal Authorities First Demanded Higher Charges, Not Continuing, and Not Maintainable as Appellant Not a Consumer Under Section 2(1)(d) for Property Tax and Water Services Provided by Municipal Authorities.

11 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 3 December 2018, which dismissed a consumer complai...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Court's Order Granting Injunction in Property Dispute — Held That Trial Court's Refusal of Injunction Was Correct as Plaintiff Failed to Establish Prima Facie Case of Ownership Over Disputed D.P. Road Area.

24 Jan 2023

The present writ petition was filed by the defendants (petitioners) challenging the judgment and order dated 28.09.2022 passed by the learned District...

High Court

Bombay High Court Dismisses Developer's Appeal Against Arbitrator's Refusal of Interim Relief in Development Dispute. Court upholds arbitrator's discretion under Section 17 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in order denying interim injunction to developer under Development Agreement dated 3/2/2018.

5 Apr 2023

The petitioner, M/s Viraj Kamman Real Estate Developers Pvt Ltd, a real estate development company, entered into a Development Agreement dated 3/2/201...

High Court

High Court of Karnataka Allows Appeals Against Dismissal of Attachment Applications in Suit for Specific Performance — Prima Facie Case and Risk of Alienation Established. The court held that the appellants had made out a strong prima facie case for specific performance and that the respondents were attempting to alienate the property, warranting attachment before judgment under Order 38 Rules 1 and 2 CPC.

25 Jun 2025

The appellants, legal heirs of the original plaintiff, filed a suit for specific performance of an agreement of sale dated 05.12.2011 executed by the ...

High Court

Bombay High Court Allows Appointment of Court Receiver in Redevelopment Dispute — Interim Relief Granted to Developer Against Dissenting Society Members. The Court held that balance of convenience favored appointment of Receiver to preserve subject matter pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

16 Sep 2013

The petitioner, Shree Krishna Homes Pvt. Ltd., a developer, entered into a development agreement dated 14th December 2011 with respondent No.1, a coop...

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

Gujarat High Court Dismisses Petition Challenging DRT Order in SARFAESI Matter — Upholds Bank's Possession for Non-Performing Asset. Held that DRT's refusal to grant interim relief was not perverse or without jurisdiction, and the petition under Article 226/227 was not maintainable as alternative remedy of appeal under Section 18 of SARFAESI Act was available.

13 Mar 2026

The petitioners, Prakashbhai Baldevbhai Patel and another, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India b...

High Court

Bombay High Court Dismisses Revision Against Refusal to Review Execution Order in Specific Performance Decree. Decree Holder's Failure to Deposit Balance Consideration Within Reasonable Time Leads to Satisfaction of Decree by Payment of Earnest Money.

7 Apr 2017

The case involves a Civil Revision Application challenging an order of the executing court refusing to review its earlier order by which execution pro...

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