Search Results for "decree absolute"

2662 result(s) found

Scroll Down To Discover

Found 2662 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Writ Petition Seeking Restitution Under Section 144 CPC After Decree Set Aside — Restitution Not Automatic When Rights Are Sub Judice in Pending Obstructionist Proceedings

The petitioner, Smt. Grover Navill Cardamaster, filed a writ petition under Article 227 of the Constitution of India challenging the dismissal of her ...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

© Image Copyrights Juris Services & Technology

Madras High Court Dismisses Second Appeal in Obstruction Application, Upholds Execution Court's Order. Pendente Lite Purchaser Cannot Raise Defense of Bonafide Purchaser; Decree Against Vendor Binds Subsequent Purchaser.

The second appeal arose from execution proceedings in a suit for declaration of title and recovery of possession. The respondent Balan had filed O.S.N...

© Image Copyrights Juris Services & Technology

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

© Image Copyrights Juris Services & Technology

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

© Image Copyrights Juris Services & Technology

Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal Against Execution Order in Section 6 Specific Relief Act Suit — Bar Under Section 6(3) Does Not Apply to Execution Proceedings Under Order XXI CPC. Appeal Under Order XXI Rule 103 CPC Held Maintainable as Execution Order Is Not a Decree in the Suit.

The appellant, an obstructionist, challenged a judgment and order dated 7 December 2009 passed by the City Civil Court, Mumbai, which made absolute a ...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...