Search Results for "Compromise Decree"

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "Compromise Decree"

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High Court

High Court of Karnataka Sets Aside Order Dismissing Compromise Petition in Partition Suit — Emphasizes Liberal Approach to Compromise Under Order XXIII Rule 3 CPC. Trial Court Failed to Examine Genuineness of Compromise and Consent of Parties, Leading to Remand for Fresh Consideration.

8 Jul 2019

The petitioner, Shri K M Manjunath, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 05.01.2016 passed...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

High Court

High Court of Karnataka Quashes Compromise Decree Passed by Lok Adalat in Absence of Party — Restoration of Suit Ordered for Fresh Adjudication on Merits. Compromise Decree Set Aside as Petitioner Was Not a Party to the Suit and Was Not Represented, Violating Principles of Natural Justice Under Order XXIII Rule 3 CPC.

31 Mar 2022

The petitioner, Smt. Renuka W/o Anand @ Anantsa Bakale, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High ...

High Court

High Court of Karnataka Dismisses Revision Petition Against Order Holding Partition Suit Maintainable Despite Earlier Compromise Decree. Court Rules That a Compromise Decree Does Not Bar a Fresh Suit for Partition When the Decree Was Not Acted Upon and the Parties Continued in Joint Possession.

21 Jun 2019

The petitioner, defendant No.1 in O.S.No.114/2017, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

20 Apr 2005

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Compromise Decree Valid Despite Alleged Fraud. Court holds that a compromise decree can only be challenged on limited grounds of fraud or coercion, and failure to prove such grounds results in dismissal of appeal.

25 Jun 2015

The case involves a second appeal arising from a partition suit. The original plaintiff, Pandurang Shidu Chinchkar, filed Regular Civil Suit No. 324 o...

Supreme Court

Supreme Court Overturns High Court Decision in Land Dispute, Validates Trial Court's Dismissal. The Supreme Court ruled in favor of the appellants, confirming that the alleged compromise was invalid and upholding the original Trial Court's decision.

15 Jul 2024

The original plaintiffs filed a suit for declaration and specific performance, which was initially dismissed by the Trial Court but later decreed by t...

High Court

High Court of Karnataka Allows Writ Petition Challenging Dismissal of Application Under Section 431 Cr.P.C. in Negotiable Instruments Act Case — Compromise Petition Under Section 147 N.I. Act Set Aside Due to Non-Compliance with Mandatory Procedure. The court held that the trial court must examine the compromise and pass appropriate orders under Section 431 Cr.P.C. before dismissing the application.

7 Feb 2020

The petitioner, Sri Somashekara Reddy, proprietor of Sunlight Solar Technology, filed a writ petition under Articles 226 and 227 of the Constitution o...

Supreme Court

Supreme Court Allows Appeal in Arbitration Reference Dispute — Compromise Decree Bars Invocation of Arbitration Clause. Held that once a suit is decreed on compromise, the arbitration clause cannot be invoked for the same dispute, and the subsequent money suit based on the compromise is not covered by the arbitration agreement.

30 Jul 2019

The appellant, Zenith Drugs & Allied Agencies Pvt. Ltd., was appointed as a clearing and forwarding agent by M/s Rhone Poulene India Limited (RPIL) un...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute — Compromise Decree Without Registration Invalid Under Section 17 of Registration Act, 1908. Unregistered Decree Cannot Confer Title; Will Not Proved Under Section 68 of Evidence Act, 1872.

19 Mar 2020

The case involves a property dispute over land originally owned by Bhajan Singh. Bhajan Singh had divorced his wife Gurmail Kaur in 1973, after which ...

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