Search Results for "judgment debtor objections"

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Search Results for "judgment debtor objections"

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High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

29 Jun 2026

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

High Court

Bombay High Court Dismisses Second Appeal in Execution Objection Case — Upholds Summary Rejection of Objection Petition Under Order 21 Rule 97 CPC. Executing Court Not Required to Adjudicate Title When Objection is Frivolous and Collusive.

17 Nov 2025

The appellant, Kamal W/o Vishwanath Jadhav, filed a second appeal challenging the judgment and decree dated 11.09.2025 passed by the first appellate C...

High Court

High Court of Karnataka Quashes Adverse Observation in Bank's SARFAESI Application — Magistrate Cannot Make Observations on Validity of Proceedings Under Section 14 of SARFAESI Act, 2002. The Court held that the Magistrate's role under Section 14 is ministerial and not judicial, and any observations on the validity of the secured creditor's proceedings are without jurisdiction.

8 Sep 2025

The petitioner, State Bank of India, filed a writ petition before the High Court of Karnataka at Dharwad seeking to quash certain observations made by...

Supreme Court

Supreme Court Dismisses Appeal in Execution Proceedings Upholding Auction Sale Despite Procedural Objections. Court affirmed that under Order 21 Rule 90 of Code of Civil Procedure, 1908, setting aside a court sale requires specific pleading and proof of material irregularity or fraud, and mere non-compliance with deposit timelines under Order 21 Rules 84 and 85 does not vitiate sale absent prejudice, especially when property was purchased during suit pendency with injunction.

10 Feb 2024

The dispute originated from a civil suit filed by Smt. Gayatri Agrawal against National Ginni Enterprises for specific performance of an L.P.G. gas ag...

Supreme Court

Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

1 Jan 2023

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

Supreme Court

Supreme Court Dismisses Appeals in Arbitration Act Case Regarding Foreign Award Enforcement. Non-Signatory Parties Not Bound by Arbitration Agreement Under Alter Ego Doctrine for Enforcement Under Part II of Arbitration and Conciliation Act, 1996.

10 Aug 2021

The Supreme Court of India heard civil appeals concerning the recognition and enforcement of foreign awards under Part II of the Arbitration and Conci...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

15 Sep 2014

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

High Court

Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.

8 Oct 2013

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...

High Court

Bombay High Court Sets Aside Executing Court Order Dismissing Objections for Want of Objector Due to Death — Emphasizes That Objections Survive for Heirs to Pursue Under Order 21 Rule 97 CPC. The Court held that objections under Order 21 Rule 97 of the Code of Civil Procedure, 1908 do not abate upon the death of the objector and legal heirs can be substituted to continue the proceedings.

21 Dec 2011

The petitioners, legal heirs of the deceased judgment debtor Rajaram Dadasaheb Nimbalkar, challenged an order dated 24 June 2011 passed by the Learned...

High Court

Bombay High Court Sets Aside Civil Imprisonment Order in Injunction Execution Case — Executing Court Must Record Willful Disobedience Before Ordering Detention Under Order 21 Rule 32 CPC. The Court held that an order for civil imprisonment under Order 21 Rule 32 of the Code of Civil Procedure, 1908 cannot be passed without a finding of willful disobedience of the decree.

5 Dec 2011

The case arises from a dispute over land bearing Gat No.386 admeasuring 4 Hectres and 38 R situated at Mauze Padali, Tal. Sinnar Dist. Nashik. The Res...

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