Search Results for "decree silent"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "decree silent"

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Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

8 May 2026

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

High Court

Bombay High Court Allows Second Appeal in Mesne Profit Case — Landlord Entitled to Future Mesne Profits Despite Decree Silence. Court holds that omission to award future mesne profits in eviction decree does not bar separate proceedings under Order 20 Rule 12 CPC.

17 Oct 2025

The present Second Appeal arises out of a judgment and decree dated 03.10.2022 passed by the learned District Judge-1, Bhandara in Regular Civil Appea...

High Court

Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

1 Jul 2024

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

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 ...

High Court

Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

30 Apr 2021

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

26 Feb 2020

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

Supreme Court

Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

1 Jan 2020

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

High Court

Bombay High Court Allows Husband's Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955 — Wife's Counterclaim for Restitution of Conjugal Rights Dismissed. The court upheld the Family Court's finding that false complaints by the wife to police and employer constituted mental cruelty under Section 13(1)(ia), and that desertion under Section 13(1)(ib) was proved by the wife's intentional withdrawal from cohabitation without reasonable cause.

16 Mar 2017

The case involves two appeals arising from a common judgment of the Family Court at Bandra, Mumbai, in a divorce petition filed by the husband under S...

High Court

High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right.

6 Mar 2014

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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