Search Results for "decree absolute"

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Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...

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Bombay High Court Dismisses Injunction Application in Testamentary Suit — No Stay of Execution of Partition Decree. Pendency of testamentary suit does not automatically stay execution of a civil court decree for partition and accounts.

The applicant, Sukumar Bhoja Shetty, filed a Notice of Motion in Testamentary Suit No. 113 of 2017 seeking an injunction to restrain the defendant, Ga...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Dismisses Appeal as Abated Due to Non-Substitution of Legal Heirs of Deceased Appellant in Property Title Suit. Appeal Abates Entirely When Deceased Appellant's Interest is Inseparable from Co-Appellants, Rendering Inconsistent Decrees Impossible.

The Supreme Court dismissed the civil appeals filed by the defendants/appellants against the judgment of the High Court of Andhra Pradesh which had co...

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Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...