Search Results for "decree enforceability"

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Supreme Court Upholds Indemnity Claim for Loss of Ownership Despite Continued Possession. Indemnity Bond Enforceable When Purchaser's Title Defeated by Creditor's Sale, Even Without Dispossession.

The dispute arose from a sale of land by a father (second defendant) of property belonging to himself and his minor son (third defendant). To protect ...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Applications for Deletion of Defendants. The Court Examines Whether Directors and Former Employees Are Necessary Parties in a Suit for Breach of Contract Under Order 1 Rule 10 of Code of Civil Procedure, 1908.

The matter concerns a writ petition filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging an or...

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Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...

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High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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RFIRST APPEAL NO. 3732 of 2023

The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limite...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings on Possession and Title. Court holds that plaintiff failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The appellant, Sri B.S. Lakshman, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decre...