Search Results for "executable decree"

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High Court of Bombay Adjudicates Section 34 Petition Against Arbitral Award in Commercial Dispute. Termination of Services Agreement by State Assembly Secretariat Held Illegal by Arbitrator; Court's Decision on Frustration and Party Distinctness Not Available in Provided Excerpt.

Background: The dispute arose from an agreement dated 5 December 2015 between the Uttar Pradesh Legislative Assembly (UPLA) Secretariat and Tata Consu...

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Bombay High Court Dismisses Application to Set Aside Consent Terms in Eviction Suit Due to Breach of Undertaking and Delay. Applicants who gave a solemn undertaking to vacate premises by 31st December 2016 and violated it cannot be permitted to resile from consent terms after 12 years.

The case arises from a long-standing eviction dispute. The respondent-plaintiff (licensor) instituted S.C. Suit No. 869 of 1975 against the applicants...

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Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

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High Court of Karnataka Allows Union of India's Revision in Arbitration Execution Case Due to Merger of Interim Award with Final Award. Interest Calculation Must Be Based on Final Award Under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

The Union of India, owning South Western Railway, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

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Bombay High Court Quashes Execution Order in Favor of Judgment Debtor Due to Bar of Limitation Under Article 136 of Limitation Act, 1963. Arbitral Award Dated 18.01.2010 Filed for Execution in 2023 Held Time-Barred; Filing of Section 34 Application Does Not Extend Limitation.

The writ petition was filed by the Amravati District Central Co-operative Bank Ltd., the judgment debtor, challenging two orders passed by the 8th Joi...

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Bombay High Court Allows Appeal in Land Acquisition Case — Unsigned Award Declared Invalid. An award under Section 11 of the Land Acquisition Act, 1894 must be signed by the officer; death of officer before signing renders award a nullity and land does not vest under Section 16.

The case involves a second appeal by the original plaintiffs (appellants) against the judgment of the District Court, Thane, which reversed the trial ...

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Supreme Court Rules Appeal Does Not Abate if Estate is Sufficiently Represented.

This judgment concerns two connected civil appeals arising from suits for specific performance and eviction. In Civil Appeal No. 172 of 2026, the High...