Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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Supreme Court

Supreme Court Upholds Will in Favor of Sister, Dismisses Challenge by Wife and Sons — Execution of Will Proved in Accordance with Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. The Court held that the propounder of the Will had discharged the burden of proving its valid execution, and the concurrent findings of the courts below were not perverse.

30 Nov -0001

The present appeal arises from a challenge to the judgment of the High Court of Karnataka dismissing the appellants' Regular Second Appeal No. 1970 of...

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

Madras High Court Grants Injunction Under Section 9 of Arbitration Act to Protect Decree-Holder's Interest Pending Execution. Court Restrains Respondents from Alienating Property Subject to Execution Petition to Prevent Frustration of Arbitral Decree.

27 Feb 2026

The applicant, C.J. Charles Rajkumar, proprietor of M/s Kiruba Constructions, filed an application under Section 9 of the Arbitration and Conciliation...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Breach of Consent Order in Arbitration Matter. Consent terms recorded in arbitration petition do not constitute a decree, and contempt proceedings are not maintainable for breach of a consent order unless there is willful disobedience of a specific direction.

29 Jun 2016

The petitioner, Ashapura Minechem Ltd., filed a contempt petition under the Contempt of Courts Act, 1971, alleging that the respondents, Armada (Singa...

High Court

Bombay High Court Dismisses Probate Petition in Will Dispute Due to Suspicious Circumstances and Failure to Prove Valid Execution. Will dated 21st March 1989 held not proved as the attesting witness failed to establish due execution and the propounder failed to dispel suspicious circumstances surrounding the Will.

13 Feb 2020

The suit was a challenge to a Will dated 21st March 1989 purportedly executed by late Tarapada Chatterjee, who died on 24th August 1990. The plaintiff...

High Court

Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

9 Jun 2025

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

High Court

Bombay High Court Allows Appeal in Foreign Award Execution Case Due to Property Location. Territorial jurisdiction for execution of foreign award under Section 48 of Arbitration and Conciliation Act, 1996 is determined by location of property to be attached, not by place of cause of action.

30 Jan 2012

The appellant, Wireless Developers Inc., a US company, obtained a foreign arbitral award against the respondent, Indiagames Ltd., an Indian company, f...

High Court

Bombay High Court Division Bench Admitted and Heard Commercial Arbitration Appeal Challenging Single Judge's Refusal to Enforce Three Foreign Arbitral Awards Under Section 50 of Arbitration and Conciliation Act, 1996. Appeal Involves Enforcement Against Non-Signatory Related Companies and Alleged Asset Diversion Through Demerger Schemes to Defeat Execution of ICC London Awards Totaling Over USD 20 Million.

30 Dec 2025

The appeal originated from a dispute between Imax Corporation (appellant) and E-City Entertainment (I) Pvt. Ltd. (first respondent) arising from a Mas...

High Court

Bombay High Court Dismisses Appeals Against Appointment of Receiver in Share Pledge Dispute. Court upholds appointment of Court Receiver as receiver of pledged shares under Section 9 of the Arbitration and Conciliation Act, 1996, finding that the appellant failed to make out a prima facie case for interference.

10 Aug 2019

The case involves two commercial appeals filed against an order of the learned Single Judge appointing the Court Receiver as receiver of certain pledg...

High Court

Regular First Appeal Against Common Judgment Decreeping Suit for Perpetual Injunction and Dismissing Suit for Declaration That Sale Deeds Are Not Binding on Co-Parceners. Dispute Centered on Whether Property Was Joint Family Asset or Self-Acquired and Validity of Sale Deeds Executed by Karta or Power of Attorney Holder.

27 Jan 2020

The appeals arose from two suits tried together. One suit (O.S.No.1611/1994) was filed by the plaintiffs, claiming to be co-parceners of an undivided ...

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