Search Results for "Collusive Decree"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Collusive Decree"

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High Court

High Court of Karnataka Quashes Executing Court Order in Specific Performance Execution — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. Executing Court Erred in Allowing Execution Against Judgment Debtors Who Were Not Parties to the Original Suit and Were Not Substituted as Legal Representatives of the Original Judgment Debtor.

29 Apr 2025

The petitioners, who are the legal representatives of the original judgment debtor Jinappa Jayapal Khot, filed a writ petition under Articles 226 and ...

High Court

High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

25 Aug 2021

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

High Court

Bombay High Court Allows Amendment of Plaint in Development Dispute — Plaintiff Allowed to Bring on Record Subsequent Events Including Deed of Conveyance and Alleged Fraudulent Tenancy. Court holds that pre-trial amendments should be liberally allowed to determine real controversy between parties.

27 Sep 2024

The plaintiff, M/s SR Enterprises, filed a Commercial Suit against defendants Gurbachan Kaur Jattinder Singh Chadha and another, arising out of a Deve...

Supreme Court

Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

9 Jul 2024

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

High Court

High Court of Karnataka Quashes Delivery Warrant in Execution Proceedings for Non-Compliance with Order XXI Rule 35 CPC — Judgment Debtors Entitled to Notice Before Delivery of Possession. The court held that failure to issue notice under Order XXI Rule 22 CPC before ordering delivery of possession violates natural justice and renders the execution proceedings void.

16 Jun 2022

The petitioners, Dada Balu Rooge and Smt. Vasundara, were judgment debtors in Execution Petition No.73/2014 pending before the Principal Senior Civil ...

High Court

High Court Dismisses Second Appeal by Pendente Lite Purchasers in Partition Suit Execution — Objections Under Order XXI Rule 97 Barred Due to Lis Pendens. Consent Decree in Appellate Court Not Proved Collusive; Rigors of Section 52 Transfer of Property Act Apply.

2 May 2025

The present second appeal arose from execution proceedings in a partition suit that commenced in 1974. The original plaintiff Shankarrao Kanakdande ha...

Supreme Court

Supreme Court Dismisses Review Petition in Specific Performance Suit — No Error Apparent on Face of Record. Court upholds its earlier judgment reversing High Court's partial decree for specific performance, holding that the petitioner failed to prove readiness and willingness and that the suit was barred by limitation.

18 Nov 2024

The petitioner, M/s Siddamsetty Infra Projects Pvt. Ltd., filed a review petition under Article 137 of the Constitution read with Order XLVII Rule 1 o...

High Court

High Court of Karnataka Adjudicates Regular First Appeals Against Trial Court Decree in Suit for Declaration and Permanent Injunction. Property Dispute Among Multiple Parties Pertaining to Immovable Property Under Code of Civil Procedure, 1908.

1 Oct 2024

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High Court

Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

17 Sep 2010

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

High Court

Bombay High Court Allows Original Tenant to Recover Possession from Subsequent Tenant Inducted During Pendency of Execution Proceedings - Doctrine of Lis Pendens Applies to Post-Decree Proceedings Under Order XXI CPC. The court held that a person inducted during the pendency of an application under Order XXI Rule 97 or 99 CPC is a lis pendens inductee and cannot resist the original tenant's claim for possession.

28 Jun 2019

The case involves a dispute between two tenants over possession of a property. The landlord, Mohammed Usman Shaikh Umar, filed a suit for eviction aga...

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