Search Results for "Execution Proceedings"

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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Supreme Court Allows Decree-Holder to Enforce Higher Interest Compromise Made in Execution Proceedings. Compromise Amounting to Adjustment of Decree, Recorded Under Order 21 Rule 2 CPC, and Found Fair Held Enforceable.

The dispute arose from a decree passed on compromise on March 24, 1953, directing the respondent to pay Rs.22,500 with 6% interest. After the responde...

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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...

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Supreme Court Upholds Execution Against Bhumidhari Rights and Trees Under U.P. Encumbered Estates Act. Bhumidhari Rights Held Not to be Proprietary Rights, and Trees Not Vesting in State are Debtor's Property Liable to Execution.

The dispute arose from execution proceedings under the Uttar Pradesh Encumbered Estates Act, 1934. The predecessors-in-interest of the appellants were...

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Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Bombay High Court Hears Criminal Writ Petition Challenging Preventive Detention Under COFEPOSA; Grounds Include 12-Year Execution Delay and Non-Supply of Material Translations.

In 1992, the petitioner Musthafa Ahamed Dossa was named as the head of a smuggling gang in statements recorded under Section 108 of the Customs Act, 1...