Search Results for "Execution Proceedings"

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

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Karnataka High Court Hears Appeals Against Specific Performance Decree in Agricultural Land Sale Agreement Dispute. The dispute involved claims of tampering, cancellation of agreement, and subsequent sales to third parties.

The appeals arise out of a suit for specific performance of an agreement to sell agricultural lands bearing various survey numbers, measuring a total ...

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Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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High Court of Judicature at Bombay Dismisses Testamentary Suit Seeking Probate of Will Due to Forgery and Undue Influence. The Court Held That the Propounders Failed to Prove Due Execution and Testamentary Capacity, and That the Earlier Charitable Will Remained Unrevoked.

This testamentary suit arose from a petition for probate of the alleged last will of Jimmy Keki Tarachand, dated 27 December 2004. The original plaint...

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Bombay High Court Quashes COFEPOSA Detention Order at Pre-Execution Stage Due to Non-Application of Mind and Mechanical Exercise of Power. Detaining Authority Failed to Consider Relevant Material and Grounds of Detention Were Vague and Stale.

The petitioner, Karnaram Lumbaji Choudhary, challenged a detention order dated 8th March 2018 passed by the Joint Secretary, Government of India, unde...