Search Results for "Judgment Debtor"

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Search Results for "Judgment Debtor"

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Supreme Court

Supreme Court Partly Allows Appeals in Mesne Profits Dispute, Modifying High Court's Reduction. The Court held that the High Court erred in mechanically reducing mesne profits by 50% without considering market rate and property potential, and fixed new rates to meet the ends of justice during stay of execution under the Code of Civil Procedure, 1908.

10 Mar 2022

The dispute arose from four suits filed by the appellant for recovery of possession of portions of a residential house and mesne profits against the r...

Supreme Court

Supreme Court Quashes Execution Proceedings in Specific Performance Decree Due to Procedural Violations Under Order XXI Rule 34 CPC. Execution Court's Failure to Serve Draft Sale Deed and Allow Objections, Coupled with Deviation in Executed Sale Deed from Decree Property, Vitiated the Proceedings, Requiring Fresh Compliance with Mandatory Procedure.

28 Feb 2022

The dispute arose from an agreement to sell property dated 28.01.2006, where the respondents sued for specific performance against the appellant. The ...

Supreme Court

Supreme Court Allows Decree Holder's Appeal in Execution of Foreign Money Decree Under Section 44A CPC. High Court of Delhi Held to Have Jurisdiction as Principal Civil Court of Original Jurisdiction When Decretal Amount Exceeds Pecuniary Limits Under Section 5(2) of Delhi High Court Act, 1966.

28 Jan 2022

The dispute arose from the execution of a money decree dated 7th February 2006, passed by the High Court of Justice, Queen’s Bench Division, Commerc...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

6 Dec 2021

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

Supreme Court

Supreme Court Dismisses Appeal in Industrial Dispute, Upholding High Court's Finding of Civil Court's Lack of Jurisdiction. Civil Court Lacks Jurisdiction to Entertain Suits Founded on Provisions of the Industrial Disputes Act, 1947, Rendering Such Decrees a Nullity.

8 Oct 2021

The dispute originated from the termination of a daily wage employee by the Himachal Pradesh State Electricity Board on 1.1.1985. The employee filed C...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

Supreme Court

Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

29 Sep 2021

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

Supreme Court

Supreme Court Directs NCLT to Expedite Approval of Resolution Plan in Home Buyers' Insolvency Case, Upholding IBC Moratorium. Execution of Consumer Forum Order Stayed Under Section 14 of Insolvency and Bankruptcy Code, 2016, with Personal Liability Issues Referred to Adjudicating Authority.

8 Sep 2021

The dispute involved home buyers who had entered into agreements with a developer for a housing project, with possession due in 2014. The developer ab...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

27 Aug 2021

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

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