Search Results for "decree absolute"

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Search Results for "decree absolute"

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Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Involving Hindu Succession Act and Validity of Will. The Court upheld concurrent findings that a widow's limited estate for maintenance did not become absolute under Section 14(1) of the Hindu Succession Act, 1956, and that the testator's will was validly executed.

4 Apr 2019

The case involves a property dispute arising from the estate of Bhana, who died on 27th March 1973. Bhana had two wives: first wife Bhago (deceased) w...

High Court

Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

30 Apr 2021

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

High Court

Bombay High Court Dismisses Petition Challenging Appointment of Fresh Commissioner for Partition Decree Execution. Decree Passed in 1991 Confirmed Up to Supreme Court Cannot Be Stalled by Repeated Objections.

13 Jul 2011

The petitioners, heirs of Ramlal Sheoratan Shahu, filed a writ petition challenging an order dated 2/2/2011 passed by the 4th Joint Civil Judge, Senio...

Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

High Court

Bombay High Court Allows Decree Holder's Execution Petition and Dismisses Judgment Debtor's Challenge in Property Execution Dispute — Court Holds That Execution Proceedings Are Not Barred by Limitation When Decree Is Put into Execution Within 12 Years of Final Decree Under Article 136 of Limitation Act, 1963.

28 Mar 2019

The case involves two writ petitions arising out of execution proceedings. The decree holder, Dr. (Smt.) Jayashree Avinash Banait, obtained a decree a...

High Court

Bombay High Court Directs Sub-Registrar to Register Consent Decree as Conveyance Under Registration Act, 1908 — Mandamus Issued for Compliance with Court Letters. A consent decree for transfer of immovable property is a conveyance under Section 17 of the Registration Act, 1908, and the Sub-Registrar must register it; failure to do so warrants a writ of mandamus.

28 Sep 2015

The petitioners, Tardeo Properties Private Ltd and another, filed a writ petition under Article 226 of the Constitution of India seeking a direction t...

High Court

Bombay High Court Examines Executability of Civil Court Decree in Light of Purchase Certificates Issued Under Bombay Tenancy and Agricultural Lands Act. Decree for Joint Possession Challenged by Judgment-Debtors Claiming Ownership Under Section 32M of the Tenancy Act, Rendering Decree Inexecutable.

7 Oct 2006

The Bombay High Court entertained a writ petition arising from the order dated 28.7.1986 of the Civil Judge, Junior Division, Islampur, rejecting an a...

High Court

Bombay High Court Allows Execution Petition in Limitation Dispute — Decree Merger with Appellate Decree Determines Starting Point for Article 136 Limitation Act, 1963. Doctrine of merger applied to hold that limitation for execution runs from date of appellate decree, not trial court decree.

9 Mar 2010

The case involves a writ petition under Article 227 of the Constitution of India challenging an order of the executing court dismissing the petitioner...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment on Defendants' Advocate. Service on Defendants directly without prior attempt on advocate held insufficient under Order XXXVII CPC.

17 Dec 2014

The petitioners, original defendants in Summary Suit No.4914 of 2012, challenged the order dated 08.07.2013 passed by the City Civil Court, Mumbai, di...

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