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Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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Bombay High Court Allows Second Appeal in Property Gift Dispute — Father's Power to Gift Ancestral Property Upheld. Compromise Decree Based on Gift Not Challenged, First Appellate Court Erred in Considering Irrelevant Factors.

The appellant, Mubarak S/o Badesab Mulla, filed Regular Civil Suit No.103 of 2007 seeking a declaration of ownership and perpetual injunction regardin...

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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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Bombay High Court Recalls Sanction of Demerger Scheme Due to Non-Compliance with Stamp Duty Condition. The court held that failure to pay stamp duty on the order within the prescribed period renders the order liable to be recalled under inherent powers.

The applicants, Unique Delta Force Security Private Ltd. (Resulting Company) and Sumeet Facilities Pvt. Ltd. (Demerged Company), filed applications se...

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High Court of Karnataka Quashes Megha Lok Adalat Decree in Property Suit — Petitioner Not a Party to Compromise. Decree Passed Without Jurisdiction as Dispute Was Not Referable to Lok Adalat Under Section 20 of Legal Services Authorities Act, 1987.

The petitioner, Kishore Baldev Bajaj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a decree dated 25...

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High Court of Bombay at Goa Dismisses Petition Challenging Administrative Tribunal's Refusal to Permit Compromise in Tenancy Proceedings — Tribunal's Order Upheld as Consent Terms Would Violate Agricultural Tenancy Act

The petitioner, Comunidade of Tivim, challenged an order of the Administrative Tribunal dated 13.4.2023 refusing permission to compromise tenancy proc...

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Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind.

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against t...