Search Results for "decree-holder"

38 result(s) found

Scroll Down To Discover

Found 38 result(s)

© Image Copyrights Juris Services & Technology

High Court Dismisses Applicant Application for Market Rent Deposit Against Respondents in Civil Revision -- Stay of Eviction Decree Maintained Without Additional Conditions

The High Court dismissed the landlord's interim application seeking deposit of market rent from October 2007 during the pendency of a civil revision a...

© Image Copyrights Juris Services & Technology

High Court Dismisses Writ Petition Under Article 227 of Constitution of India Challenging 0Execution Order -- Judgment Debtors' Application Under Order XXI Rule 11 of CPC Rejected in Dispute Over Mediated Settlement and Default Clause Enforcement

The High Court of Karnataka dismissed a writ petition filed by judgment debtors challenging an execution order. The case involved a mediated settlemen...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Execution of Perpetual Injunction Decree Despite Earlier Satisfaction Recorded in Execution Proceedings. Satisfaction in prior EP does not bar fresh EP for subsequent breach; perpetual injunction decree has no limitation under Article 136 Limitation Act, 1963.

The Supreme Court allowed appeals by the decree-holders, Saraswati Devi and others, against the dismissal of their execution petition by the High Cour...

© Image Copyrights Juris Services & Technology

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

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

© Image Copyrights Juris Services & Technology

Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

© Image Copyrights Juris Services & Technology

Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

© Image Copyrights Juris Services & Technology

Possession Relief in Specific Performance Decree: Supreme Court Clarifies Law. Even without an express relief for possession in a specific performance decree, the court can enforce possession rights under the Specific Relief Act and Transfer of Property Act.

The Supreme Court upheld the High Court’s order that directed the executing court to hand over possession to the decree-holder, even though the decr...

© Image Copyrights Juris Services & Technology

Enforcement of a Decree and Interpretation of Reciprocal Adjustments. Balancing Liabilities in Execution: A Case on Interest Calculation and Set-Off

The Bombay High Court (Coram: Amit Borkar, J.) addressed whether an executing court can interpret a decree to restrict interest on the decretal amount...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Enhanced Mesne Profits Court Rules in Favor of Decree-Holder, Increases Monthly Compensation for Prolonged Occupation

The Bombay High Court dismissed the Union of India's Civil Revision Applications, which challenged the orders of the Appellate Bench of the Small Caus...