Showing : 11-20 of 80 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31-- Transfer of case - High Court has no jurisdiction to pass orders and give directions to Court Receiver for sale of property in public auction after establishment of DRT Act as proceedings are automatically transferred to DRT - Action of Court Receiver is void ab initio in law - Order of DRT and..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A-- Consent decree - Setting aside - Fraud - Respondent No.1 in collusion with third party obtained consent decree by practicing fraud upon Court in respect of suit premises - Since no authority had been given to respondent No.1 to execute the power of attorney in favour of third party on behalf of..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Property in possession of Receiver u/s 146 Cr.P.C. - Civil Court is competent to grant injunction - Magistrate u/s 146 Cr.P.C. has power to attach the subject of dispute "until the competent Court determines the rights of parties thereto with regard to the person entitled to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Filling of suit by Receiver - When authority has been given to Receiver to preserve the estate, it empowers the Receiver to institute the suit for preserving the estate - As regards failure to obtain leave of Court, held, obtaining leave of Court before filing suit cannot be fatal and same can be..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 146(1)-- Appointment of receiver - At the time of filing complaint no prayer made to appoint receiver - Receiver appointed after three years of lodging complaint - Nothing mentioned that it is a case of emergency or there is an imminent danger of breach of peace - Order of status quo passed by civil court..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 40, Rule 1(S- - Preliminary issue of jurisdiction - If objection to the jurisdiction is raised by the defendants at the time of hearing of the Application for temporary injunction or application for appointment of Court Receiver, it is duty of Court to decide the said objection after framing a preliminary issue..........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 145-- Proceeding u/s 145 Cr.P.C. during the pendency of a suit is not without jurisdiction, though it may be inexpedient - Normally the parties approach the Court of competent jurisdiction for granting interim reliefs by way of appointment of receiver or passing of injunction order for avoidance of..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 366A, 302-- Kidnapping of child - Demand of ransom of Five Lacks from mobile - Only oral evidence that PW5 gave SIM to accused - No proof that said SIM was used in the allege crime - Lacuna in prosecution evidence - Link between telephones of sender and receiver not proved - On disclosure of accused dead body..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Appointment of Court receiver - Suit for declaration and partition - Admittedly Defendant Nos.2 and 4 are using almost the entire suit property excluding the small portion of the 60 ft. desk being alleged to be used by Plaintiff No.1 and two other small portions which are in occupation of two of..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Appointment of receiver by trial court - Interference therewith - Power of appellate court - From the pleadings of the parties, documents and preliminary facts, plaintiff-respondent No.1 has a good prima facie case for appointment of receiver - Held, power to appoint a receiver is discretionary..........

Showing : 11-20 of 80 Results