Search Results for "execution dismissal default"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "execution dismissal default"

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High Court

Bombay High Court Allows Decree Holder's Execution and Sets Aside Condition of Deposit in Cooperative Court Award Execution. Court holds that a third party not bound by the award cannot be directed to deposit occupation charges as a condition for stay of execution.

26 Feb 2019

The judgment concerns two writ petitions arising from the same order of the District Court. The decree holder (Mangala Keshav Gavhale) obtained an awa...

High Court

Madras High Court Upholds Specific Performance Decree in Housing Board Flat Sale Agreement — Agreement Holder Entitled to Enforce Contract Despite Non-Joinder of Legal Heirs as Parties. The court held that the suit for specific performance is maintainable as the estate of the deceased defendant is sufficiently represented by the other defendants who were parties to the agreement.

7 Jan 2026

The appeal arises from a suit for specific performance of an agreement of sale dated 23.06.1983 filed by the 1st respondent/plaintiff against defendan...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

High Court

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.

8 Apr 2013

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...

High Court

Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

25 Sep 2014

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...

Supreme Court

Supreme Court Allows Execution of Specific Performance Decree Despite Delay in Deposit of Balance Sale Consideration. Doctrine of Merger Applies When Appellate Court Confirms Trial Court Decree Without Modifying Time Limit.

23 Jul 2019

The appellant, Surinder Pal Soni, filed a suit for specific performance of an agreement to sell dated 8 December 2003 for agricultural land in Panchku...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Delay Condonation Application in Civil Suit — 228-Day Delay Not Sufficiently Explained. The court upheld the trial court's finding that the explanation for delay was vague and unsupported by evidence, declining to interfere under Article 227.

27 Apr 2023

The petitioners, plaintiffs in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order d...

High Court

High Court of Karnataka Allows Appeal by Legal Representatives of Deceased Complainant in NI Act Case, Restores Complaint Dismissed for Non-Prosecution. The Court held that the trial court erred in dismissing the complaint for non-prosecution without considering the death of the complainant and the right of legal representatives to continue the proceedings under Section 256 of CrPC.

1 Apr 2021

The present criminal appeal was filed by the legal representatives of the deceased complainant, Sri J. Raju, challenging the order dated 24.12.2011 pa...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Eviction Order; Upholds Rent Controller's Jurisdiction Despite Absence of Written Lease Under Goa Rent Control Act, 1968. The Court Holds Section 34 of the Act to be Directory, Not Mandatory, and Refuses to Interfere with Concurrent Findings of Fact That the Tenant's Denial of Title Was Not Bonafide.

1 Feb 2018

The petitioner, Abdul Sattar Kulli, filed a writ petition under Article 227 of the Constitution before the High Court of Bombay at Goa, challenging th...

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