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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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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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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Supreme Court Allows Appeal Against Madras High Court Decision on Validity of Security Bond and Priority in Rateable Distribution. Charge Created by Security Bond Held Valid Despite Lack of Attestation; Decree Holder Entitled to Priority Under Section 73(1) Proviso (c) Code of Civil Procedure.

The appellant (M. L. Abdul Jabhar Sahib) instituted C.S. No. 56 of 1953 on the Original Side of the Madras High Court against Hajee Ahmed Batcha for r...

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National Consumer Disputes Redressal Commission Dismisses Appeal on Execution in Consumer Dispute Over Delayed Possession of Real Estate Unit. State Commission's Order Dismissing Execution Application Upheld as No Grounds for Interference Made Out.

The case involves an appeal on execution filed by Shellender Singh under Section 27-A of the Consumer Protection Act, 1986, challenging the order date...

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Supreme Court Allows Appeal in Part in Foreign Currency Arbitral Award Enforcement Case. Twin Principles Laid Down: Date of Enforceability for General Conversion, Date of Deposit for Amounts Deposited in Court.

The Supreme Court addressed the issue of the correct date for converting a foreign currency arbitral award into Indian rupees for enforcement. The app...