Search Results for "execution of decree"

37 result(s) found

Scroll Down To Discover

Found 37 result(s)

© Image Copyrights Juris Services & Technology

Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

© Image Copyrights Juris Services & Technology

"Supreme Court Restores Wife's Right to Maintenance Despite Decree for Restitution of Conjugal Rights." "Wife’s dignity and justified refusal outweigh procedural compliance under Section 125(4) Cr.P.C."

The case discusses whether a husband, having secured a decree for restitution of conjugal rights, can deny maintenance to his wife under Section 125(4...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...

© Image Copyrights Juris Services & Technology

Possession Relief in Specific Performance Decree: Supreme Court Clarifies Law. Even without an express relief for possession in a specific performance decree, the court can enforce possession rights under the Specific Relief Act and Transfer of Property Act.

The Supreme Court upheld the High Court’s order that directed the executing court to hand over possession to the decree-holder, even though the decr...

© Image Copyrights Juris Services & Technology

Enforcement of a Decree and Interpretation of Reciprocal Adjustments. Balancing Liabilities in Execution: A Case on Interest Calculation and Set-Off

The Bombay High Court (Coram: Amit Borkar, J.) addressed whether an executing court can interpret a decree to restrict interest on the decretal amount...

© Image Copyrights Juris Services & Technology

"Bombay High Court Secures Creditor's Rights: Garnishee Ordered to Deposit ₹17.41 Crores" "Judgment Debtor's Liabilities to Garnishee Confirmed via Financial Records, Strengthening Execution of Decrees."

The Bombay High Court directed Olive Global Holding Pvt. Ltd. (Respondent/Garnishee) to deposit ₹17,40,82,984/- in court. The judgment emphasizes th...

© Image Copyrights Juris Services & Technology

"Pendente Lite Transferee's Right to Challenge Execution of Decree Confirmed: Supreme Court" SC affirms that limitation period begins from the date of final decree, and a pendente lite transferee can challenge execution if dispossessed.

The Supreme Court of India, deals with the execution of a final decree in a partition suit and the rights of a pendente lite transferee. It affirms th...

© Image Copyrights Juris Services & Technology

Writ Petition Dismissed: Appellate and Trial Court Decree Confirmed for Eviction of Defendant from Suit Premises. Legal heirs of the defendant fail to claim protected tenancy under Bombay Rent Act, 1947 after license expiry; Indian Railways ownership claim dismissed as irrelevant.

Writ petition challenging the eviction order passed by the Small Causes Court, the court dismissed the defendant's claim for protected tenancy under S...

© Image Copyrights Juris Services & Technology

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

© Image Copyrights Juris Services & Technology

Court Upholds Appellate Decision in Tenancy Dispute Involving Alleged Subletting. Appellate Bench's Reversal of Lower Court's Ruling Confirmed, Emphasizing Tenant Rights and Legal Definitions under Maharashtra Rent Control Act

Tenancy rights under the Maharashtra Rent Control Act, 1999. The judgment reviews the Appellate Bench's reversal of a lower court's decision in a suit...