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Search Results for "two decrees"

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High Court

High Court of Karnataka Allows Decree Holder to Execute Two Separate Decrees in Single Execution Petition Under Order 21 Rule 11 CPC — No Bar Against Combining Claims in Execution. The court set aside the executing court's order directing amendment to restrict claim to one transaction, holding that CPC does not prohibit combining multiple decrees in one execution petition.

29 Apr 2016

The petitioner, PAFCO 2916 Inc., a company incorporated in the USA, obtained two separate decrees against the respondent, Kingfisher Airlines Limited,...

High Court

High Court of Bombay at Goa Adjudicates Constitutional Challenge to Article 19 of Decree No.35461 on Enforcement of Ecclesiastical Annulment Decrees. Petitions Seek to Nullify Canonical Marriage Annulments and Prevent Civil Endorsements, Questioning the Validity of Pre-Constitution Colonial Law.

15 Oct 2019

Two writ petitions were heard together. In Writ Petition No.351 of 2017, the petitioner wife married the fourth respondent on 26 September 2009 under ...

High Court

Bombay High Court Dismisses Decree Holders' Execution Petitions in Rent Control Case — Payment of Balance Amount After Decree Renders Execution Infructuous. Conditional Decree for Possession Cannot Be Executed Once Arrears Are Paid Under Section 47 CPC.

13 Oct 2006

The petitioners, decree holders, filed two writ petitions challenging a common order dated 28.4.2005 passed by the Executing Court in Special Executio...

High Court

High Court of Bombay at Nagpur Examines Executability of Compromise Decree in Eviction Suit under Maharashtra Rent Control Act. The court considers whether a compromise that does not refer to specific eviction grounds creates a fresh tenancy requiring new proceedings.

27 Jul 2022

The respondent-landlord filed a suit against the petitioner-tenants seeking eviction under Section 16(1)(e)(ii) and (g) of the Maharashtra Rent Contro...

High Court

High Court of Bombay at Goa Considers Whether Ecclesiastical Annulment Retains Civil Effects After Article 19 of Decree Law 35461 Struck Down. Petitioner Seeks Mandamus to Cancel Marriage Entry Following Canonical Nullity Decree.

9 May 2025

The Petitioner, a 33-year-old woman, filed a writ petition before the High Court of Bombay at Goa seeking mandamus to direct the Civil Registrar to ca...

High Court

Bombay High Court Allows Decree-Holder's Petition in Execution Proceedings — Interest Must Be Calculated Till Realization as Per Decree Terms. Court Holds That Executing Court Cannot Modify Decree by Restricting Interest to Date of Counter-Claim or Deducting Reciprocal Amount from Principal Before Interest Calculation.

6 Dec 2024

The petitioner, Sharadchandra Ramkrishna Deshmukh (since deceased through his heirs), was the decree-holder in Special Civil Suit No. 419 of 2000 file...

High Court

Bombay High Court Allows Execution of Foreign Decrees by Mauritius-Based Companies Against Indian Debtors Under Section 44A CPC. The court held that decrees from reciprocating territories are directly executable in India without a fresh suit, and the Commercial Division has jurisdiction over such applications.

26 Apr 2018

The judgment involves three execution applications filed by foreign decree holders (Global Asia Venture Company, Matrix Partners India Investment Hold...

Supreme Court

Supreme Court Dismisses Appeal Against Extension of Time to Deposit Sale Consideration in Specific Performance Decree. Doctrine of Merger Applies When Appellate Court Restores Trial Court Decree Without Fixing Time for Deposit.

10 Feb 2025

The case involves four connected civil appeals arising from a common judgment of the High Court of Punjab & Haryana dated 09.09.2022, which dismissed ...

High Court

Bombay High Court at Goa Allows Second Appeal in Consent Decree Challenge — Separate Suit to Set Aside Consent Decree on Ground of Illegality Not Maintainable. Order XXIII Rule 3A CPC Bars Such Suit; Appellate Court's Judgment Set Aside as Perverse.

30 Sep 2005

The dispute originated from a suit for eviction (R.C.S. No.62/78) between the parties, who are relatives, concerning a structure/taverna in Survey No....

High Court

Bombay High Court Dismisses Civil Revision Application – Execution Proceedings Maintainable Despite Irregularity in Decree Transfer. Non-use of Prescribed Form for Transfer Certificates Held Not Material Irregularity Under Order 21 Rule 90 CPC; Substantial Compliance with Section 38 CPC Sufficient.

15 Sep 2017

Background: Two civil revision applications arose from execution proceedings instituted by the decree holders against the Municipal Council, Tumsar, t...

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