Search Results for "executability"

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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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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "executability"

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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...

High Court

Bombay High Court Disposes of 12 First Appeals Against Dismissal of Obstructionist Applications in Execution of Specific Performance Decree. The Decree Holder Sought Execution of Decree for Possession of 27 Shops, and Obstructionists Who Claimed Independent Right Were Held to be Transferees Pendente Lite Bound by Decree.

14 Feb 2017

The respondent, a decree holder, had filed Special Civil Suit No.224 of 1992 for specific performance of a contract dated 11 May 1987 for the purchase...

High Court

Bombay High Court Dismisses Revision Against Execution of Injunction Decree — Judgment Debtor Cannot Challenge Decree Validity in Execution Proceedings Under Section 47 CPC After 11 Years. The court held that objections under Section 47 CPC are limited to executability and cannot be used to re-agitate issues already decided in the suit.

21 Jun 2005

The case arose from Regular Civil Suit No. 711 of 1981 filed by the respondents (decree holders) against the petitioners (judgment debtors) seeking a ...

High Court

Bombay High Court Examines Maintainability of Objection in Execution Proceedings Regarding Slums Act Permission. The appeal arises from a Single Judge's order remanding the matter to Executing Court to consider the effect of a Competent Authority's order on the requirement of prior permission under Section 22 of Maharashtra Slum Areas Act.

20 Aug 2013

The appeal arose from a judgment of a Single Judge in a writ petition concerning execution of a decree for eviction passed under the Maharashtra Rent ...

High Court

High Court of Bombay at Nagpur Examines Executability of Compromise Decree in Eviction Suit under Maharashtra Rent Control Act. The court considers whether a compromise that does not refer to specific eviction grounds creates a fresh tenancy requiring new proceedings.

27 Jul 2022

The respondent-landlord filed a suit against the petitioner-tenants seeking eviction under Section 16(1)(e)(ii) and (g) of the Maharashtra Rent Contro...

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

High Court of Karnataka Quashes Execution Court Order in Recovery of Possession Case — Petitioner's Application for Re-Delivery Dismissed as Not Maintainable Under Order XXI Rule 100 CPC. Court Held That Order XXI Rule 100 CPC Applies Only When Decree Holder Is Not Party to Proceedings, Not When Decree Holder Seeks Possession Against Judgment Debtor.

9 Jul 2024

The petitioner, Smt. Girija Poojarthi, was the defendant No.7 in a suit for recovery of possession (O.S.No.374/1999) which was decreed on 24.07.2007. ...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

High Court

Bombay High Court Allows Execution Against Partner in Consent Decree — Order XXI Rule 50 CPC. Leave under Order XXI Rule 50 CPC is required to execute a consent decree against a partner of a partnership firm, and the execution application and warrant of attachment can be amended to include the partner's name.

29 Aug 2005

The plaintiffs, M/s. G.M. Breweries Ltd., filed five summary suits against various defendants, including partnership firms. In Suit No.1791 of 2002, a...

High Court

Bombay High Court Dismisses Judgment-Debtor's Challenge to Eviction Decree Execution in Slum Area Case. Execution of Pre-Existing Decree Does Not Require Permission Under Maharashtra Slum Areas Act, 1971 as Decree Was Passed Before Slum Notification.

22 Feb 2012

The petitioner, Manohar Bhadade, was the judgment-debtor in a decree for eviction and possession passed in Regular Civil Suit No.42 of 2003 by the 2nd...

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