Search Results for "inexecutable decree"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "inexecutable decree"

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Supreme Court

Supreme Court Quashes Executing Court's Orders Modifying Compromise Decree in Land Dispute - Executing Court Exceeded Jurisdiction by Altering Land Allotments Under Section 47 of Code of Civil Procedure, 1908. Modification Based on Practical Impracticalities Like Non-Sanctioned Constructions and Prior Sale to Third Party Held Impermissible as Decree Was Not Nullity and Land Identity Was Clear.

9 Apr 2026

The dispute arose from the execution of a compromise decree dated 14.07.2017 passed in Civil Suit No. 68 of 2012 concerning non-agricultural land in M...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

High Court

Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

10 May 2024

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

Supreme Court

Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

1 Jan 2023

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

High Court

High Court of Karnataka Sets Aside Dismissal of Execution Petition on Limitation and Inexecutability Grounds — Decree Holder Granted Relief Under Article 227. Executing Court Erred in Holding Decree Inexecutable Without Considering Order XXI Rule 32 CPC.

7 Feb 2020

The petitioner, Smt. I A Kasturi, was the Decree Holder in Execution Petition No.722/2019 before the VII Additional City Civil Judge, Bengaluru. She f...

High Court

Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

3 Mar 2017

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

High Court

Bombay High Court Allows Judgment Debtor's Petition Quashing Consumer Forum Proceedings Under Section 27 of Consumer Protection Act, 1986. Lack of Notice of Readiness and Willingness by Decree-Holder Renders Penalty Proceedings Unmaintainable.

16 Aug 2016

The petitioner, M/s. Aditya Developers, a partnership firm, was the judgment debtor in a decree passed by the Consumer Forum on 17/01/2007. The decree...

High Court

Bombay High Court Allows Amendment in Execution Application to Correct Property Description. Executing Court Has Power to Allow Amendment Under Section 152 CPC to Align Execution with Decree.

7 Oct 2015

The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession o...

Supreme Court

Supreme Court Reviews Competence of Execution Court to Entertain Section 47 CPC Objections to International Arbitral Award Allegedly Tainted by Fraud; High Court's Dismissal of Objections Questioned. Public Sector Undertaking Appellant Contended That Award Procured Through Collusion of Own Officers with Decree-Holder Is Void Ab Initio, but Executing Court Found No Established Finding of Fraud.

1 Jan 1970

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (a Public Sector Undertaking) and Anglo American Metallurgical Coal...

Supreme Court

Supreme Court Examines High Court's Dismissal of Objections Under Section 47 CPC in Enforcement of Arbitral Award. Appeal Arises from Long-Term Coal Supply Agreement Dispute Involving Fraud Allegations and Scope of Section 47.

1 Jan 1970

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (appellant) and Anglo American Metallurgical Coal Pvt. Limited (res...

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