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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 without authority"

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High Court

Gujarat High Court Quashes Attachment Order in Execution Proceeding Due to Lack of Notice to Third-Party Purchasers. Attachment of properties purchased prior to decree set aside as executing court failed to issue notice under Order 21 Rule 54 CPC to bona fide purchasers.

5 Mar 2026

The petitioners, Shashikant Arvindkumar Rajput and others, filed a Special Civil Application under Article 227 of the Constitution of India before the...

High Court

Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution. Court Restrains Respondents from Alienating Property Subject to Execution Petition to Prevent Frustration of Arbitral Decree.

27 Feb 2026

The applicant, C.J. Charles Rajkumar, proprietor of M/s Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliation...

High Court

Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution — Property Alienation Restrained to Safeguard Arbitral Award. The court held that a prima facie case exists for interim relief to prevent alienation of property which is subject matter of execution proceedings.

27 Feb 2026

The applicant, C.J. Charles Rajkumar, proprietor of M/s. Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliatio...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

High Court of Bombay at Nagpur Bench Allows Bank's Petition, Holds Secured Creditor's Charge Prevails Over State's Statutory First Charge Under MVAT Act and Profession Tax Act. The court ruled that Section 26E of the SARFAESI Act, 2002 gives priority to the secured creditor over all other debts, including statutory dues of the State, and that the non-obstante clause in the SARFAESI Act overrides the provisions of the Maharashtra Value Added Tax Act, 2002 and the Profession Tax Act, 1975.

17 Dec 2021

The petitioner, Union Bank of India, had sanctioned cash credit and inland letter of credit facilities of Rs.10 crores to respondent No.4, M/s. Linkso...

High Court

Bombay High Court Dismisses Judgment Debtor's Application to Set Aside Consent Decree in Commercial Execution — Consent Decree Not a Nullity Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That Undertakings Given to Court Cannot Be Unilaterally Withdrawn and Execution Proceedings Are Continuation of Suit.

13 Jul 2018

The case involves a Chamber Summons filed by the original Judgment Debtor No.2 (Firoz A Nadiadwala) and his proprietary firm Base Industries Group see...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Auction Sale Under Maharashtra Co-operative Societies Act — Auction Purchaser Not Entitled to Set Aside Sale After Confirmation and Payment. Court Held That Once Sale Is Confirmed and Title Passes, the Sale Cannot Be Set Aside Merely Because of Irregularities, and the Remedy of the Judgment Debtor Is to Claim Damages, Not to Annul the Sale.

6 Apr 2018

The judgment pertains to a batch of writ petitions filed by auction purchasers and judgment debtors challenging the auction sale of a sugar factory co...

High Court

Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

13 Mar 2018

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

High Court

High Court of Bombay Allows Insurer's Petition Challenging Warrant of Attachment for TDS Deduction on Interest Component of Motor Accident Compensation Award. The court held that the insurer's deduction of TDS under Section 194A of the Income Tax Act, 1961, though erroneous because the claimant was an individual entitled to exemption under Section 194A(3)(ix), did not justify attachment as the TDS amount was already deposited with the Income Tax Authority and the claimant could seek refund.

15 Nov 2016

The New India Assurance Company Limited (Petitioner) challenged an order dated 21 November 2014 passed by the Maharashtra Accident Claims Tribunal, Mu...

High Court

Bombay High Court Allows Wife's Application to Sell Matrimonial Home and Directs Husband to Pay EMIs in Family Court Dispute. The court held that the husband is liable to pay EMIs as maintenance and the wife may sell the property with court supervision to protect the matrimonial home from bank action under the Securitisation Act.

20 Mar 2013

The writ petition arose from an order of the Family Court No.7, Mumbai dated 23rd August 2011, which rejected the wife's application for direction to ...

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