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Bombay High Court Allows Amendment in Execution Application to Correct Property Description. Executing Court Has Power to Allow Amendment Under Section 152 CPC to Align Execution with Decree.

The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession o...

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High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

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Bombay High Court Dismisses Revision Against Execution of Cooperative Court Decree for Allotment of Plot. Executing Court Cannot Go Behind Decree; Objection Regarding Non-Existence of Plot Not Entertained as Decree Had Attained Finality.

The case arises from a dispute between a member (respondent) and a cooperative housing society (applicant) regarding allotment of plots. In 1991, the ...

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Karnataka High Court Examines Challenge to Rejection of Mercy Petition in Death Penalty Case Arising from Conviction Under Struck-Down Section 303 IPC. The petitioner raised multiple supervening circumstances including inordinate delay, solitary confinement, and non-application of mind by the authorities.

The writ petitioner, a 70-year-old death row convict, challenged the rejection of his mercy petition by the President of India dated 04.01.2013, seeki...

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Supreme Court Commutes Death Sentence to Life Imprisonment Due to Unexplained Delay in Mercy Petition. Unexplained delay of over 4 years by State in forwarding mercy petition violates Article 21 and warrants commutation.

The petitioner, Jagdish, was convicted for the murder of his wife and five children and sentenced to death by the trial court on 24.04.2006. The High ...

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Bombay High Court Directs Magistrate to Implement SARFAESI Order for Bank Possession. Chief Metropolitan Magistrate Bound to Execute Section 14 Order for Taking Physical Possession of Secured Assets with Police Assistance.

The petitioner, Kotak Mahindra Bank Limited, a banking company as defined in Clause 5 of the Banking Regulation Act, 1949, filed a criminal writ petit...

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Bombay High Court Upholds Public Interest Petition and Directs Expeditious Disposal of Section 14 SARFAESI Applications by Magistrates. Section 14 Powers Are Ministerial and No Notice to Borrower Is Required, Emphasizing Need to Recover Public Money Quickly.

The matter originated as a Criminal Writ Petition filed by International Asset Reconstruction Company Private Limited, an asset reconstruction company...