Search Results for "Prohibitory Order"

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Search Results for "Prohibitory Order"

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High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Held That the Prohibitory Order Under Order 21 Rule 54 CPC Was Not Served on the Judgment Debtor and the Communication Order Was Not a Mandatory Direction, Thus No Willful Disobedience Established.

11 Feb 2026

The petitioner, A. Dakshnamoorthy, as power agent of his son D. Chandrasekaran, filed two contempt petitions. The first (Cont.P.No.1723/2025) was agai...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Holds That Prohibitory Order Under Order 21 Rule 54 CPC Does Not Create a Charge on Property and That Sub Registrars Are Not Bound by Such Orders Unless Property Is Attached.

11 Feb 2026

The petitioner, D. Chandrasekaran, represented by his power agent A. Dakshnamoorthy, filed two contempt petitions. The first, Cont.P.No.1723 of 2025, ...

High Court

Bombay High Court Quashes Prohibitory Order Against Contractor in EPF Recovery Proceedings — Third Party Debtor Cannot Be Restrained Without Proper Adjudication Under Section 8G of EPF Act. The court held that a prohibitory order under Section 8G of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 requires prior determination of the debt owed by the third party to the employer, and cannot be issued solely on the basis of a recovery certificate against the employer.

18 Nov 2025

The petitioner, B.T. Kadlag Constructions, a private limited company, filed a writ petition under Article 227 of the Constitution of India challenging...

Supreme Court

Supreme Court Quashes Disciplinary Proceedings Against Police Officer in 1984 Anti-Sikh Riots Case Due to Inordinate Delay and Procedural Unfairness. The Court held that remand to Disciplinary Authority for fresh disagreement note was unjustified given 38-year delay, appellant's retirement at age 80, and violation of natural justice in earlier proceedings under service rules.

23 Apr 2025

The appeal arose from disciplinary proceedings against a police officer related to the 1984 Anti-Sikh Riots. The appellant, posted as Inspector of Pol...

Supreme Court

Supreme Court Sets Aside High Court Order Returning Plaint in Civil Suit Over Immovable Property Jurisdiction. The Court Held That the Trial Court in Pune Had Territorial Jurisdiction Based on an Exclusive Jurisdiction Clause in the Agreement and That the Suit Primarily Sought Declaratory and Injunctive Reliefs for Contractual Breaches, Not Directly Concerning Immovable Property Under Order VII Rule 10 CPC, and Modified the Order to Set Aside the Rejection Under Order VII Rule 11 CPC Due to Contradiction.

2 Mar 2023

The appeals arose from a common order of the Bombay High Court allowing civil revision applications against orders of the 9th Joint Civil Judge, Senio...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Returning Plaint for Want of Pecuniary Jurisdiction in Suit for Injunction and Damages. The Court Held That for Order VII Rule 11 CPC, Only Plaint Averments Are Relevant, Not Evidence.

5 Aug 2022

The appellant, Bharat Bhushan Gupta, filed a suit for mandatory and prohibitory injunction and recovery of damages against the respondents, Pratap Nar...

High Court

Bombay High Court Quashes Criminal Proceedings in Food Adulteration Cases Due to Non-Compliance with Mandatory Sampling Procedures Under Food Safety and Standards Act, 2006. Failure to Follow Section 47 and Rule 2.4.2 of the Manual of Procedures Renders Prosecution Invalid.

4 Mar 2016

The Bombay High Court at Aurangabad, through a common judgment, allowed three criminal writ petitions challenging the validity of criminal proceedings...

High Court

Bombay High Court Allows Discharge of Accused in CBI Case for Lack of Evidence of Conspiracy Under Section 120B IPC and Section 12 of Prevention of Corruption Act, 1988. Court held that mere presence during search and subsequent statements do not establish criminal conspiracy or abetment without prior meeting of minds.

29 Sep 2014

The applicant, Ashok Suri, was accused no.2 in CBI Special Case No.82 of 2010 pending before the Special Judge (CBI) for Greater Mumbai. The case aros...

High Court

Bombay High Court Allows CHA License Suspension Challenge, Directs Hearing Within Two Weeks. Regulation 21 of Customs House Agent Licensing Regulations, 2004 must be read with natural justice; post-decisional hearing sufficient where immediate action warranted.

9 May 2013

The petitioner, S.R.Sale & Co., a Customs House Agent (CHA), challenged an order dated 12 September 2012 passed by the Commissioner of Customs (Genera...

High Court

Bombay High Court Dismisses Appeal Against Prohibitory Order Under Regulation 21 of CHALR, 2004 — No Appeal Lies to CESTAT. Regulation 22(8) of CHALR, 2004 is Not Ultra Vires the Customs Act, 1962.

5 Apr 2013

The appeal arises from a decision of the CESTAT dated 2 January 2013, which held that an appeal is not maintainable against an order passed under Regu...

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