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Bombay High Court Allows Appeal Against CLB Order Appointing Retired Supreme Court Judge as Executing Authority Under Section 634A of Companies Act, 1956 — Holds CLB Cannot Delegate Execution Powers to Third Party

The appeal arose from an order of the Company Law Board (CLB), Principal Bench, New Delhi, dated April 4, 2005, in Company Application Nos.170 of 2003...

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Bombay High Court Allows Revision Against Execution Proceedings in Mortgage Suit — Decree Holder's Assignee Need Not Prove Legal Heirship Under Order 21 Rule 16 CPC. The Court Held That the Executing Court Cannot Go Behind the Decree to Examine the Validity of Assignment.

The present Civil Revision Application arises from execution proceedings in a mortgage suit. The original decree holder, Kalubai, obtained a decree an...

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Bombay High Court Dismisses Judgment Debtor's Petition Challenging Execution Orders in Eviction Decree — Decree Holders Entitled to Possession After 15 Years of Litigation Up to Supreme Court.

The case involves a dispute over execution of a decree for possession of an open piece of land admeasuring 1280 square feet out of Nazul Plot No. 9 in...

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Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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Bombay High Court Dismisses Judgment Debtors' Challenge to Execution of Decree for Specific Performance. Court Holds That Decree for Specific Performance Implicitly Includes Delivery of Possession Even Without Express Prayer.

The petitioners, who were judgment debtors in a suit for specific performance, challenged the order of the executing court overruling their objection ...