Search Results for "attachment before judgment"

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Search Results for "attachment before judgment"

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High Court

Bombay High Court Quashes Attachment Orders in Customs Act Case for Violation of Natural Justice. Attachment of Bank Account and Factory Building Set Aside as Orders Were Passed Without Prior Notice or Opportunity of Hearing to the Proprietor.

20 Sep 2025

The petitioner, Bharat Water Works, a proprietorship firm represented by its proprietor Mr. Rajendra Sanghvi, filed a writ petition challenging attach...

High Court

High Court of Karnataka Allows Appeal in Commercial Suit for Attachment Before Judgment — Order XXXVIII Rule 5 CPC Requires Strong Prima Facie Case and Risk of Dissipation of Assets. Plaintiff's Application for Attachment Before Judgment Was Wrongly Rejected by Trial Court Despite Evidence of Debt and Asset Disposal.

19 Aug 2024

The appellant/plaintiff, M/s SGK Agencies Private Limited, filed a commercial suit (Com.OS No.237/2023) against the respondents/defendants, M/s Bremel...

Supreme Court

Supreme Court Dismisses Revenue's Appeal in Tax Assessment Case Due to Invalid Service of Assessment Orders. Recovery Proceedings Under Revenue Recovery Act, 1864 Quashed as Assessment Orders for 2009-10 and 2010-11 Were Not Served as Per Rule 64 of Telangana VAT Rules, Making Enforcement Unlawful.

15 Mar 2023

The dispute involved a tax assessment and recovery case between the revenue authorities and an assessee company. The revenue had issued assessment ord...

High Court

Bombay High Court Quashes Provisional Attachment and Stay Rejection in Income Tax Case — Violation of Natural Justice and CBDT Circular. Petitioner's Bank Accounts Attached Without Prior Hearing; Court Directs Restoration of Status Quo Pending Appeal.

26 Mar 2019

The petitioner, Milestone Real Estate Fund, a real estate fund, challenged the provisional attachment of its assets under Section 281B of the Income T...

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

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

Bombay High Court Allows Appeal in Commercial Dispute, Directs Security for Full Claim Amount Under Order 38 Rule 5 CPC. The court held that the plaintiff had made out a prima facie case for attachment before judgment for the entire claim, as the defendant had refused to accept goods and was attempting to alienate property.

17 Apr 2013

The appellant, Herald Engineers, filed a suit against Wonderpack Industries Pvt Ltd and another respondent for recovery of Rs.40,36,567/-. The suit wa...

High Court

Bombay High Court Dismisses Petition Challenging Attachment of Premises Under Customs Act — Licensee Lacks Locus Standi After Expiry of Licence. The court held that an erstwhile licensee whose licence had expired has no subsisting right in the attached property and is not entitled to a hearing before attachment under Section 142 of the Customs Act, 1962.

5 Oct 2012

The petitioners, Aditya Birla Nuvo Ltd. and another, filed a writ petition challenging the attachment of a residential flat by the Customs Authorities...

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 Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

30 Nov -0001

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...

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