Search Results for "collusive decree"

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Search Results for "collusive decree"

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Supreme Court

Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

6 Mar 2025

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

High Court

Bombay High Court Dismisses Appeal Against Order in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to grant specific performance of agreement to sell as plaintiffs failed to prove readiness and willingness to perform their part of contract under Section 16(c) of Specific Relief Act, 1963.

22 Oct 2019

The dispute pertains to a suit for specific performance of an agreement to sell dated 18-04-2005 concerning agricultural land bearing Khasara No.40, P...

High Court

Madras High Court Allows Writ Appeal Against District Registrar's Order Cancelling Registered Settlement Deeds — Fraudulent Collusion and Abuse of Process Established. Court sets aside cancellation of settlement deeds executed by daughters in favour of father, holding that the District Registrar lacked jurisdiction to cancel registered documents under the Registration Act, 1908.

6 Jan 2025

The case involves a writ appeal filed by K. Ratnam against an order of the learned Single Judge dated 07.12.2018 dismissing his writ petition. The app...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Reverses First Appellate Court's Decree for Partition. Held that the plaintiff failed to prove joint family status and title over the suit property, and the First Appellate Court erred in reversing the Trial Court's dismissal without proper consideration of evidence.

22 Jun 2024

The case involves a second appeal filed by the defendant (appellant) against the judgment and decree of the First Appellate Court in R.A.No.54/2016 da...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

30 Jun 2021

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

High Court

High Court Permits Official Liquidator to Break Open Lock and Take Physical Possession of Company Premises Despite Collusive Tenancy Decrees Obtained After Winding Up Without Leave Under Section 446 Companies Act, 1956. The court held that decrees obtained without leave under Section 446 are void and the Official Liquidator is entitled to possession.

30 Aug 2019

The Official Liquidator filed a report seeking permission to break open the lock put by the ex-management of J.B. Diamonds Limited (in liquidation) an...

High Court

High Court of Karnataka Quashes Delivery Warrant in Execution Proceedings for Non-Compliance with Order XXI Rule 35 CPC — Judgment Debtors Entitled to Notice Before Delivery of Possession. The court held that failure to issue notice under Order XXI Rule 22 CPC before ordering delivery of possession violates natural justice and renders the execution proceedings void.

16 Jun 2022

The petitioners, Dada Balu Rooge and Smt. Vasundara, were judgment debtors in Execution Petition No.73/2014 pending before the Principal Senior Civil ...

High Court

Gujarat High Court Grants Leave to Appeal Against Consent Decree Alleged to be Collusive and Fraudulent — Applicant Not Joined Despite Prior Registered Sale Deed. The court held that the applicant, who had a registered sale deed in his favour, was a necessary party and was entitled to challenge the consent decree passed in a suit for specific performance.

6 Feb 2026

The applicant, Chandubhai Maganbhai Kalathiya, filed a Civil Application for Leave to Appeal against a consent decree dated 03.08.2019 passed in Speci...

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