Search Results for "decree holder"

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Search Results for "decree holder"

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High Court

High Court of Karnataka Allows Petition in Part Regarding Stamp Duty on Arbitral Award in Execution Proceedings — Directs Payment of Proper Stamp Duty and Penalty Under Karnataka Stamp Act, 1957. The court held that stamp duty on an arbitral award is payable at the rate applicable on the date of the award, not the date of execution petition, and the decree-holder is liable to pay the same.

28 Jul 2023

The case involves two writ petitions arising from execution proceedings in Com.Ex.Pet.No.224/2021 before the LXXXVII Addl. City Civil and Sessions Jud...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Not Applicable When Subsequent Suit Relates to Different Property. Decree Holders' Right to Possession Upheld as Judgment Debtor's Application for Stay Was Based on a Suit Involving Different Subject Matter, Constituting Abuse of Process.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession and mesne profits in O.S. No. 3/1971 (later renumbered O.S. No. 79/2003) against the...

High Court

Bombay High Court Allows Withdrawal of Court Deposits by Former Employee Despite Appellant's CIRP — Section 14 IBC Moratorium Does Not Bar Withdrawal of Pre-CIRP Deposits Made by Corporate Debtor. The court held that the deposit made by the corporate debtor as a condition for stay of execution is not an asset of the corporate debtor and is not covered by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016.

4 Jan 2023

The case involves an Interim Application filed by Rajendra Prasad Bansal (respondent in the First Appeal) seeking withdrawal of monies deposited by th...

Supreme Court

Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

1 Jan 2020

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

High Court

High Court of Karnataka Allows Legal Heirs to Continue Execution Without Succession Certificate in Specific Performance Decree. Succession Certificate Not Required Under Order 22 Rule 12 CPC and Section 214 of Indian Succession Act, 1925 for Continuing Execution Proceedings Initiated by Deceased Decree Holder.

22 Oct 2019

The petitioners, legal heirs of the deceased decree holder Mallikarjun Koujalgi, filed a writ petition challenging the order dated 23.08.2018 passed b...

High Court

High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right.

6 Mar 2014

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by...

High Court

High Court of Karnataka Dismisses Appeal in Execution Proceedings — Upholds Rejection of Application to Set Aside Auction Sale Under Order 21 Rule 90 CPC. Judgment-Debtor Failed to Prove Material Irregularity or Substantial Injury from Alleged Inadequacy of Price.

30 Oct 2013

The case arises from execution proceedings in Ex. No. 73/2004 pending before the Civil Judge (Sr. Dn.), Chickmagalur. The appellants, who are the lega...

High Court

High Court of Karnataka Allows Writ Petition Challenging Order Dismissing Execution Petition as Not Maintainable. Transferee Court Retains Jurisdiction to Execute Decree Despite Dismissal of Prior Execution Petition Without Certificate Under Section 41 CPC.

16 Jul 2013

The petitioner, Narayansa Patil, was the judgment-debtor in a money decree obtained by the respondent, Om Sai Corporation, in O.S. No.67/2004 before t...

High Court

Bombay High Court Quashes Executing Court Order Fixing Time Limit for Compliance of Restitution of Conjugal Rights Decree — Executing Court Cannot Add to Decree Beyond Its Scope. The Executing Court exceeded its jurisdiction by imposing a one-month time limit and directing payment of Rs.20,000 per month upon failure to comply with a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

21 Apr 2010

The petitioner-husband and respondent-wife were married on 22nd April 1996. In 1998, the wife filed a petition for restitution of conjugal rights unde...

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