Search Results for "decree enforceability"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "decree enforceability"

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High Court

High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

7 Oct 2005

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

High Court

Bombay High Court Heard Writ Petition Challenging Interim Stay of Consent Decree in Fraud Allegations. The Court Examined Whether Third Parties Can Apply for Recall of Consent Decree Under Order XXIII Rule 3 and Section 151 of Code of Civil Procedure, 1908.

9 Jun 2025

The writ petition arose from a challenge to an interim order of a Civil Judge staying a consent decree and restoring a disposed suit at the instance o...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution — Property Alienation Restrained to Safeguard Arbitral Award. The court held that a prima facie case exists for interim relief to prevent alienation of property which is subject matter of execution proceedings.

27 Feb 2026

The applicant, C.J. Charles Rajkumar, proprietor of M/s. Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliatio...

High Court

High Court of Bombay Hears Appeal Against Order for Disclosure and Restraint Pending Suit on Foreign Judgments. The Order Directs Disclosure of Assets and Restraint on Alienation, Drawing Challenge Under Section 13 CPC and Execution Principles.

30 Jul 2026

The appeal arises from an order dated 5 May 2026 passed by the Single Judge in an interim application in a suit filed by the respondents on 24 April 2...

High Court

High Court of Karnataka Quashes Executing Court Order in Specific Performance Execution — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. Executing Court Erred in Allowing Execution Against Judgment Debtors Who Were Not Parties to the Original Suit and Were Not Substituted as Legal Representatives of the Original Judgment Debtor.

29 Apr 2025

The petitioners, who are the legal representatives of the original judgment debtor Jinappa Jayapal Khot, filed a writ petition under Articles 226 and ...

High Court

Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

30 Nov -0001

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

Supreme Court

Supreme Court Dismisses Appeal of Third-Party Purchaser Seeking Impleadment in Suit for Specific Performance — Plaintiff Cannot Be Compelled to Implead Stranger Against Wish Under Order 1 Rule 10 CPC. The Court held that a third party claiming independent title cannot be added in a suit for specific performance as it would enlarge the scope of the suit.

17 Jul 2019

The appellant, Gurmit Singh Bhatia, purchased a suit property during the pendency of a suit for specific performance filed by the original plaintiffs ...

Supreme Court

Supreme Court Allows Appeal in Arbitration Enforcement Dispute Over Indemnity Timing Under Consent Award. The Court held that an indemnity clause in a consent award creates immediate obligations to protect against liability recovery, not deferred until final confirmation by the highest court of appeal, under Sections 124 and 125 of the Indian Contract Act, 1872 and Section 36 of the Arbitration and Conciliation Act, 1996.

13 Apr 2026

The appeal arose from a judgment of the High Court of Delhi that deferred the execution of a consent award dated 01.03.2019, rendered by the Singapore...

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