Search Results for "executable decree"

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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...

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Bombay High Court Dismisses Writ Petition Challenging Execution Decree in Property Dispute — Court Holds That Execution Proceedings Cannot Be Reopened After Final Decree and That Objections Under Order 21 Rule 97 CPC Must Be Raised Before Executing Court, Not by Way of Writ Petition.

The petitioners, who were legal representatives of the original judgment debtors, filed a writ petition under Article 226 of the Constitution of India...

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Bombay High Court Dismisses Winding Up Petition Based on Ex-Parte US Default Judgment — Foreign Decree Not a Debt Under Section 433(e) Companies Act, 1956 Without Satisfying Conditions for Enforcement in India.

The petitioner, Marine Geotechnics LLC, an American company, obtained an ex-parte default judgment against the respondent, Coastal Marine Construction...

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Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...

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High Court of Karnataka Allows Appeal Against Execution Court Order Dismissing Application to Set Aside Auction Sale for Non-Compliance with Order XXI Rule 84 CPC. Failure to Deposit 25% of Purchase Money on the Same Day as Sale Renders Auction Void.

The appellants, who were judgment debtors in execution proceedings, filed an application under Order XXI Rule 90 read with Section 151 CPC to set asid...

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Bombay High Court Dismisses Revision Against Execution of Foreign Court's Costs Order. Foreign judgment imposing costs is a decree enforceable under Section 44A of CPC, 1908, and the executing court cannot go behind the decree.

The Petitioner, M/s. Alcon Electronics Pvt. Ltd., challenged an order dated 15th April, 2011 passed by the learned District Judge-2, Nashik, which rej...