Search Results for "Execution Proceedings"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Execution Proceedings"

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High Court

High Court Partly Allows Second Appeal, Sets Aside Enhancement of Decretal Amount by First Appellate Court. In Absence of Cross-Appeal, Appellate Court Cannot Enhance Decree to Prejudice of Appellant; Trial Court Decree of Rs. 11,698.17 Sustained.

15 Feb 2018

The matter arose from a money recovery suit (R.C.S. No. 232/1978) decreed by the Trial Court on 15/09/1983, directing the appellants (original defenda...

High Court

Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Executing Court’s Order on Unsigned Decree; Upholds Broad Interpretation of ‘Successor’ Under Order 20 Rule 8 CPC. Court rules that the word ‘successor’ in Order 20 Rule 8 of Code of Civil Procedure includes remote successors, not just immediate successor, and delay in raising the objection amounted to waiver.

10 Oct 2017

The dispute arose from an eviction decree passed on 11 September 2003 in Regular Civil Suit No. 107 of 2002 by a Civil Court at Nagpur. The decree dir...

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...

High Court

High Court of Bombay at Goa Dismisses Borrower's Writ Petition Challenging Award and Sale of Mortgaged Property under Multi-State Cooperative Societies Act, 1984; Bank's Recovery Proceedings and Second Sale Upheld. The Court ruled that the petitioner, as a nominal member of the bank, was bound by the loan documents and statutory provisions, and his delayed allegations of fraud and membership were insufficient to set aside the finalized award and sales.

21 Mar 2017

The petitioner, a businessman, obtained a loan of Rs.96,00,000/- from the Goa State Co-operative Bank Ltd. on 17.8.1995 for construction purposes. The...

High Court

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.

28 Apr 2026

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...

High Court

High Court of Karnataka Reviews Enforcement of Foreign Arbitral Award Under Section 48 of Arbitration Act. Challenges to Award Based on Public Policy and Lack of Notice Were Dismissed by Executing Court.

15 Dec 2025

The respondent, a Korean company, chartered a vessel to the petitioner, an Indian firm, under a Charter Party dated 12.05.2004. Disputes arose over fr...

High Court

Commercial Division of High Court of Karnataka Examines Claim of Joint Ownership in Property Attachment Objection Under Order XXI Rule 58 CPC. Dispute Concerns Whether Judgment Debtor Has Share in Self-Acquired Property of Father Despite Gift Deed Executed Prior to Attachment.

20 Jul 2026

The matters arose from execution proceedings concerning two decrees obtained by related decree holders against a judgment debtor, a sole proprietor. T...

High Court

High Court of Bombay Disposes Chamber Summons Concerning Execution Sale of Property. Court Considers Commissioner's Report and Objections Arising from Auction Held on January 15, 2004, Under Consent Award Enforcement.

21 Sep 2005

The matter pertained to the execution of a consent award obtained in arbitration proceedings between Camoran Finance & Investments (claimants) and Vir...

High Court

Bombay High Court considers application for recalling abatement order in property partition appeal. Court examines condonation of delay in bringing legal heirs on record under Limitation Act, 1963.

30 Jan 2013

The matter arises from a partition suit (Special Civil Suit No. 198 of 1990) filed by two sisters against their four brothers. The suit was partly dec...

High Court

High Court of Bombay Dismisses Obstructionists' Petition Challenging Rejection of Amendment Application in Execution Proceedings; Repugnant Defence of Prior Leave and Licence Agreement Cannot be Introduced to Withdraw Admission of Sub-Tenancy Made Earlier in Evidence.

26 Aug 2005

The litigation arose from execution proceedings in R.A.E. Suit No. 666 of 1989, a suit for possession on the ground of bonafide requirement filed by t...

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