Search Results for "Execution Proceedings"

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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...
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Search Results for "Execution Proceedings"

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High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate.

22 Feb 2018

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentar...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

High Court of Karnataka Dismisses Execution Second Appeal as Not Maintainable Against Order Under Order 21 Rule 11 CPC. Order Allowing Execution Petition Under Order 21 Rule 11 CPC Does Not Amount to a Decree and Hence No Second Appeal Lies.

6 Apr 2015

The case pertains to an Execution Second Appeal filed by B. Kashinath Choudhary against an order dated 11.03.2013 passed by the Principal Civil Judge ...

High Court

Bombay High Court Hears Execution Application of Decree Holder Against Judgment Debtor — Dispute Over Adjustment of Tax Liabilities from Consent Award Instalments. Consent Award Stipulated Payment Without Any Deduction or Set-off, and Judgment Debtor's Withholding of Amounts Allegedly Triggered Automatic Restoration of Original Consideration.

4 May 2011

The Bombay High Court, in its Ordinary Original Civil Jurisdiction, heard Execution Application No. 161 of 2009 filed by Sahara Airlines Limited & Oth...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

High Court

High Court of Karnataka Allows Writ Petition Against Dismissal of Execution Petition Due to Mistake of Court — Decree Holders Not to Suffer for Court's Error. Mistake of Court Should Not Prejudice Litigant Under Section 47 CPC and Order 21 Rule 17 CPC.

29 May 2019

The petitioners, decree holders in a civil suit for specific performance of four agreements to sell, obtained a decree on 12.04.1994 against the respo...

High Court

High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

11 Oct 2013

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

High Court

High Court of Karnataka Hears Regular First Appeals Against Trial Court's Part-Decreed Partition Suit. Appeals Challenge Findings on Validity of Wills and Codicils Executed by Parents in Dispute Over Joint Family Properties.

6 Mar 2023

The case involved two regular first appeals under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 03.01.2...

Tribunals

National Consumer Disputes Redressal Commission Allows Appeals Against State Commission Order in Consumer Execution Proceedings. The Commission set aside the common order dated 11.09.2024 and remanded the matter for fresh consideration of execution applications under Sections 25 and 27 of the Consumer Protection Act, 1986.

7 Aug 2025

The National Consumer Disputes Redressal Commission (NCDRC) heard appeals (AE No. 73/2024 and AE No. 74/2024) filed by the complainant/decree holder, ...

High Court

Bombay High Court Upholds Will in Testamentary Suit, Dismisses Caveat by Heirs. Court Declares Will Dated 3rd December 1988 as Valid Last Will and Testament of Deceased Hiroo @ Hiraji Laxman Jadhav, Orders Issuance of Letter of Administration.

22 Dec 2016

The case pertains to a testamentary dispute concerning the Will of deceased Hiroo @ Hiraji Laxman Jadhav. The plaintiffs, Subhash Hirji Jadhav and his...

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