Search Results for "decree absolute"

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Search Results for "decree absolute"

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Supreme Court

Supreme Court Upholds Decree Absolute for Sale in Mortgage Suit, Rejecting Mortgagors' Claims of Overpayment and Violation of Money Lenders Act. Interest Calculation and Deposit Appropriation Rules Under Order 21 Rule 1 CPC Reiterated; Section 9 of Madhya Pradesh Money Lenders Act Not Violated as Decree Awarded Interest Below Principal.

30 Apr 1969

The dispute arose from a mortgage suit filed by Seth Haroon and Sons, a firm with ten partners, against the Hindu undivided family of Jethamal Ramkara...

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...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

High Court

Bombay High Court Allows Appeal Against Conversion Date in Execution of Foreign Currency Decrees Under Section 44-A CPC. Relevant Date for Conversion Held to Be Date of Foreign Decree, Not Date of Enforceability After Removal of Stay.

21 Dec 2013

The appeals arose from execution proceedings to enforce foreign costs decrees obtained by the respondents (Ananda Bazar Patrika Limited and Aveek Sark...

High Court

Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

20 Apr 2026

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

High Court

Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

10 Jun 2013

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

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...

High Court

Bombay High Court Grants Decree on Admission in Lease Reversion Rights Dispute — Plaintiffs Entitled to Specific Performance of Clause 6 of Lease Deed. The court held that unequivocal admissions in pleadings regarding payment of full consideration for reversionary rights under a 1981 lease deed entitled the lessee to a decree for conveyance under Order 12 Rule 6 CPC.

5 Feb 2014

The plaintiffs, Pankaj Unit No.1 Housing Development Company Private Limited and another, filed a suit seeking specific performance of Clause 6 of a L...

High Court

Bombay High Court Quashes Executing Court's Order Sending Precepts to Collector for Partition Under Section 54 CPC — Consent Decree for Injunction Not a Decree for Partition. The court held that Section 54 of the Code of Civil Procedure, 1908 applies only to decrees for partition, and the executing court cannot convert a consent decree for perpetual injunction into a decree for partition.

6 Jan 2010

The petitioner, Shivaji Anna Tandel, challenged an order dated 23 December 2004 passed by the learned Civil Judge, Junior Division, in execution proce...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

12 Jan 2024

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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