Search Results for "Consent decree"

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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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Search Results for "Consent decree"

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High Court

Bombay High Court Allows Possession Warrant in Execution Proceedings Despite Pending Appeal — Execution Court Cannot Reopen Decree on Merits Under Order 21 Rule 97 CPC. The court held that the execution court must execute the decree as it stands and cannot go behind it, and that objections regarding fraud or tenancy rights are not maintainable in execution proceedings under Order 21 Rule 97 of the Code of Civil Procedure, 1908.

4 Mar 2019

The petitioner, Abdul Shahid Patel, purchased immovable property by registered sale deed dated 08.11.1995. The respondent, Smt. Rameshwaridevi Sharma,...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

26 Feb 2020

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

High Court

Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

13 Mar 2018

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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 Husband's Divorce Appeal in Hindu Marriage Act Case — Failure to Prove Cruelty or Desertion After Decree of Restitution of Conjugal Rights. Court holds that mere non-compliance with restitution decree does not automatically entitle husband to divorce under Section 13(1-A)(ii) of Hindu Marriage Act, 1955 without proof of additional grounds.

14 Oct 2014

The appellant-husband, Arun Marathe, filed an appeal against the judgment and decree of the Family Court, Aurangabad, dismissing his petition for divo...

High Court

Madras High Court Allows Final Decree Application in Mortgage Suit Despite Limitation — Time Spent in Earlier Litigation Excluded Under Section 14 of Limitation Act. The court held that the plaintiff's final decree application was within limitation as the period during which the defendant challenged the ex parte decree was excluded under Section 14 of the Limitation Act, 1963.

29 Jan 2026

The case arises from a mortgage suit filed by M/s. Visu Financiers (plaintiff) against G. Sundararaj (defendant) for recovery of money due on a mortga...

High Court

Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

24 Jun 2026

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

High Court

Bombay High Court Holds It Has Power to Accept Consent Terms and Compound Offence Under Section 138 NI Act in Revision Proceedings. The Court clarifies that Section 397 CrPC read with Section 401 CrPC empowers the High Court to record compromise and acquit accused even in revision, subject to satisfaction of complainant.

20 Dec 2024

The Bombay High Court was hearing a group of criminal revision applications and connected matters, all arising from proceedings under Section 138 of t...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case on Maintainability of Suit Challenging Compromise Decree. The Court held that an independent suit to set aside a compromise decree is barred under Order XXIII Rule 3A of the Code of Civil Procedure, 1908, and the Trial Court correctly rejected the plaint under Order VII Rule 11(d).

9 Feb 2022

The dispute arose from a property gifted to the original plaintiff during his minority, which was later revoked, leading to a development agreement an...

High Court

High Court of Bombay at Goa Hears Appeal Against Trial Court's Refusal to Grant Specific Performance of Agreement to Sell Land. Trial Court Had Awarded Money Decree for Rs. 50,000 and Rs. 17,00,000 with Interest but Dismissed Claim for Specific Performance; Validity of Subsequent Sale Deed to Third Party Also in Issue.

5 Aug 2010

The appellant, M/s. Primella Sanitary Products Pvt. Ltd., filed a civil suit for specific performance of an agreement dated 4 September 1985 against r...

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