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Search Results for "setting aside consent terms"

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High Court

Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

6 May 2014

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

Supreme Court

Supreme Court Allows Appeal in Consent Decree Execution Dispute — Family Settlement Must Be Enforced to Give Fruits of Decree. Court Holds That Executing Court Cannot Nullify Consent Terms by Reading Implied Conditions; Direction Issued to Execute Letter of Allotment.

31 Jan 2020

The dispute arose between two groups of family members, the PA Group (appellants) and the RA Group (respondents), over the assets of Kash Foods Privat...

High Court

Bombay High Court Dismisses Application to Set Aside Consent Terms in Eviction Suit Due to Breach of Undertaking and Delay. Applicants who gave a solemn undertaking to vacate premises by 31st December 2016 and violated it cannot be permitted to resile from consent terms after 12 years.

10 Jul 2018

The case arises from a long-standing eviction dispute. The respondent-plaintiff (licensor) instituted S.C. Suit No. 869 of 1975 against the applicants...

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

Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

13 Feb 2013

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

High Court

Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

11 Mar 2020

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Dispute Over Indemnity Timing Under Consent Award. The Court held that an indemnity clause in a consent award creates immediate obligations to protect against liability recovery, not deferred until final confirmation by the highest court of appeal, under Sections 124 and 125 of the Indian Contract Act, 1872 and Section 36 of the Arbitration and Conciliation Act, 1996.

13 Apr 2026

The appeal arose from a judgment of the High Court of Delhi that deferred the execution of a consent award dated 01.03.2019, rendered by the Singapore...

High Court

Bombay High Court Examines Revocation of Consent Affidavits in Probate Suit Based on Misrepresentation and Duress. Court Finds Contradictory Evidence from Applicant Daughters, Noting Misrepresentation and Duress are Mutually Exclusive Defenses.

23 Dec 2010

The dispute arose from the probate petition filed by Yohannan Thomas John, the executor of the Will of Ranchoddas Hiralal Agrawal, who died on 7 May 1...

High Court

Bombay High Court Dismisses Appeals by Legal Heirs in Consent Award Dispute Under Arbitration and Conciliation Act, 1996 — Arbitrator Lacked Jurisdiction to Determine Settlement Without All Parties' Request. Consent Awards Set Aside as Sections 30 and 32 of the Act Mandate Joint Request by All Parties for Recording Settlement, Distinguishing from Civil Court Compromise Procedure.

13 Oct 2017

The dispute involved a family property arbitration among the legal heirs of Abdullabhai, concerning properties of firms M/s Abdullabhai Fiddali and Co...

High Court

Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

20 Sep 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...

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