Search Results for "attachment orders"

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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...
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...

Search Results for "attachment orders"

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High Court

High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

4 Mar 2026

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

Supreme Court

Supreme Court Dismisses Third-Party Claim in Execution Proceedings -- Appellant Fails to Remove Property Attachment for Arbitral Award Recovery -- Mother of Company Director Cannot Defeat Creditor's Rights as Post-Award Purchaser

12 Feb 2026

The Supreme Court upheld the attachment of property in execution of an arbitral award, rejecting the third-party claim by Appellant who had purchased ...

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

Bombay High Court Allows Defreezing of Bank Accounts in Cheque-Bouncing Case — No Prima Facie Case for Freezing Under Section 102 CrPC. Court held that freezing of accounts under Section 102 CrPC is not permissible for investigation of cheque-bouncing offences under Section 138 of the Negotiable Instruments Act, 1881, as the offence is non-cognizable and the bank is not a third party.

30 Jul 2019

The petitioners, Manish Khandelwal, Sunil Khandelwal, and B.M. Financial Services (I) Pvt. Ltd., filed a Criminal Writ Petition before the Bombay High...

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

Bombay High Court Allows Attachment of Decreetal Amount for Unpaid Legal Fees Under Order 38 Rule 5 CPC. Legal Practitioner's Claim for Professional Fees and Expenses Upheld as the Only Property of the Defendant Was the Decreetal Amount in Acquisition Proceedings.

22 Sep 2015

The petitioner, a legal practitioner, filed a suit for recovery of unpaid professional fees and expenses amounting to Rs.1,42,975/- against the respon...

High Court

Bombay High Court Dismisses Section 9 Arbitration Petition Seeking Interim Relief for Alleged Breach of Settlement Agreement — No Prima Facie Case for Injunction or Deposit of Funds Established. Court Held That Settlement Deed Did Not Create Obligation to Pay Rs.8.49 Crores and Balance of Convenience Was Against Granting Interim Measures.

25 Apr 2013

The petitioner, Ratnam Sudesh Iyer, a Singaporean citizen and shareholder of Atlas Equifin Pvt. Ltd., filed an arbitration petition under Section 9 of...

High Court

Bombay High Court Dismisses Petitioner's Challenge to State Commission's Order Setting Aside Attachment in Consumer Dispute. Earlier writ petition challenging same order dismissed for non-prosecution; no fresh cause of action shown.

4 May 2010

The petitioner, R.B. Upadhyay, filed a consumer complaint against Vodafone Essar Ltd. (respondent No.2) for deficiency of service on 20 March 2008, al...

High Court

Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

30 Nov -0001

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the complainant must prove that the demand notice was sent to the correct address of the accused by registered post with acknowledgment due, failing which the complaint is not maintainable.

30 Nov -0001

The judgment involves a batch of criminal writ petitions filed by the petitioners (Prabhakar Dattatraya Gune, Sanjay Chandrakant Kirloskar, and M.V. P...

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