Search Results for "decree beyond scope"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "decree beyond scope"

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Tribunals

National Consumer Disputes Redressal Commission Allows Appeals Against State Commission Order in Consumer Execution Proceedings. The Commission set aside the common order dated 11.09.2024 and remanded the matter for fresh consideration of execution applications under Sections 25 and 27 of the Consumer Protection Act, 1986.

7 Aug 2025

The National Consumer Disputes Redressal Commission (NCDRC) heard appeals (AE No. 73/2024 and AE No. 74/2024) filed by the complainant/decree holder, ...

Tribunals

National Consumer Disputes Redressal Commission Allows Execution Appeals in Consumer Dispute Over Flat Possession — Directions Issued for Compliance Under Sections 25 and 27 of Consumer Protection Act, 1986. The decree holder is entitled to pursue both execution remedies simultaneously without being compelled to elect between them.

7 Aug 2025

The case involves execution appeals filed by the decree holder, Kishore Bhardwaj, against a common order dated 11.09.2024 of the State Consumer Disput...

Tribunals

National Consumer Disputes Redressal Commission Allows Appeal Against State Commission Order in Consumer Execution Proceedings — Compliance of Decree for Possession or Refund with Interest. The court set aside the impugned order and remanded the execution applications for fresh adjudication, keeping all contentions open.

7 Aug 2025

The case involves an appeal by Kishore Bhardwaj, the complainant/decree holder, against a common order dated 11.09.2024 passed by the State Consumer D...

Supreme Court

Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

14 May 2024

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

High Court

Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

25 Apr 2023

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

High Court

Bombay High Court at Goa Allows Civil Revision Application in Property Dispute — Concurrent Findings of Courts Below Set Aside Due to Perversity and Non-Application of Mind. The Court held that the lower appellate court failed to properly re-appreciate evidence and misapplied the principle of res judicata, warranting interference under Section 115 CPC.

14 Dec 2022

The applicant, Smt. Rosy Noronha, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment ...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings Due to Non-Joinder of Necessary Party and Improper Appreciation of Evidence. The court held that the suit for partition and separate possession was not maintainable without impleading the legal representatives of a deceased co-sharer, and that the appellate court failed to properly re-appreciate the evidence as required under Section 100 CPC.

4 Feb 2013

The appellant, Mohd. Munner, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

High Court

Bombay High Court Quashes Executing Court Order Fixing Time Limit for Compliance of Restitution of Conjugal Rights Decree — Executing Court Cannot Add to Decree Beyond Its Scope. The Executing Court exceeded its jurisdiction by imposing a one-month time limit and directing payment of Rs.20,000 per month upon failure to comply with a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

21 Apr 2010

The petitioner-husband and respondent-wife were married on 22nd April 1996. In 1998, the wife filed a petition for restitution of conjugal rights unde...

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