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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

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Company Appeal (AT) (Ins) No. 1563 of 2023

The appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 arises from the order of the NCLT, Allahabad Bench dated 06.10.2023 dismissing...

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National Company Law Appellate Tribunal Considers Appeal Against Admission of Coffee Day Enterprises to CIRP Under Section 7 of Insolvency Code. Appeal Raises Questions on the Validity of Debenture Trustee's Action and Limitation Period Based on Debenture Trust Deed Provisions.

The appeal arose from an order of the NCLT Bengaluru Bench admitting Coffee Day Enterprises Limited (the corporate debtor) into Corporate Insolvency R...

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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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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.

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 ...

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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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Bombay High Court Upholds Stay on Execution of Cooperative Court Decree with Condition of Occupation Charges — Decree Holder's Right to Possession Subject to Payment of Mesne Profits by Judgment Debtor

The judgment concerns two writ petitions arising from the same order of the District Court. The decree holder, Dr. Keshav Gavhale, had obtained an awa...