Search Results for "decree enforceability"

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Supreme Court Allows Agent's Suit for Accounts Against Principal in Case Involving Promissory Note. Oral Agreement to Defer Enforcement of Promissory Note Until Accounting Held Provable as Condition Precedent Under Section 92 of Indian Evidence Act, 1872.

The litigation arose out of a dispute between an agent and his principals. The agent sued the principals for rendition of accounts for the period of h...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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High Court of Karnataka Allows Contractor's Writ Petition for Mandamus — Directs Release of Balance Payment for Work Executed Under Scheme. Unilateral Deduction Without Notice Violates Principles of Natural Justice and Right to Payment.

The petitioner, a Class-I PWD Contractor, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to ...

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High Court Dismisses Writ Petition Against Order Holding Suit for Modification of Trust Scheme Not Maintainable Before Persona Designata. The District Judge as Persona Designata Does Not Have Jurisdiction to Amend the Scheme Framed Under Section 92 CPC; Such Suits Must be Filed in Civil Court.

This writ petition arises from a challenge to the order dated 5 December 2024 passed by the President of Shree Dnyaneshwar Maharaj Sansthan, Alandi, P...

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Karnataka High Court Hears Appeals on Will Validity and Succession Rights Under Hindu Succession Act. Court Considers Limitation and Absolute Ownership of Widow's Property Under Section 14.

The plaintiff, daughter of late S. Venkobanna Setty, filed two suits concerning a property acquired by her father. The father married twice; the plain...

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Bombay High Court Allows Appeal by Housing Society in Property Dispute Over Water Connection and Construction. Developer's Agreement to Provide Water Connection and Restrict Construction Held Binding.

The case involves two cross-appeals arising from a judgment and decree dated 31st March 2004 in L.C. Suit No. 786 of 2004. The appellants in First App...