Search Results for "Execution petition maintainability"

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Bombay High Court Dismisses Company Application as Not Maintainable for Lack of Leave Under Section 446(2) of Companies Act, 1956. Applicants Sought Declaration Against Depositors Management Committee Without Prior Approval of Company Court.

The judgment pertains to Company Application No.85 of 2014 filed by six applicants (Shri Kashinath R. Jhunjhunwala and others) against M/s Laxmichand ...

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Supreme Court Upholds Executability of Specific Performance Decree Despite Delay in Deposit of Balance Consideration. Non-Deposit Within Stipulated Time Does Not Automatically Render Decree Inexecutable; Judgment-Debtor Must Seek Rescission Under Section 28 of Specific Relief Act, 1963.

The case involves a dispute over the execution of a decree for specific performance of an agreement to sell agricultural land. The appellant, Habban S...

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High Court of Karnataka Dismisses Writ Petition Challenging Tribunal Orders in SARFAESI Proceeding. Borrowers Failed to Comply with Conditional Orders and Sale Certificate Was Already Issued to Auction Purchaser.

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India challenging two orders of the Debts Recovery Tribuna...

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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High Court of Bombay at Goa Hears Writ Petition Challenging Administrative Tribunal Orders in Mundkarial Dispute. Key Issue Whether Mamlatdar Had Jurisdiction to Determine Mundkarial Rights When Reference Was Made Under Section 32 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

The litigation originated from two civil suits filed in 1992 by M/s. Suvarn Rajaram Bandekar Discretionary Trust against one Armando Cardozo for remov...

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Bombay High Court Dismisses Writ Petition Challenging Property Tax Levy by Panvel Municipal Corporation on Kharghar Node. Petitioners Lacked Locus Standi and Failed to Exhaust Statutory Remedy of Appeal Under Section 406 of Maharashtra Municipal Corporation Act, 1949.

The petitioners, Kharghar Co-op. Housing Societies Federation and an individual resident, filed a writ petition under Article 226 of the Constitution ...