Search Results for "decree absolute"

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Search Results for "decree absolute"

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High Court

Madras High Court Dismisses Revision Petition Against Execution of Consent Decree in Money Suit. Compromise Decree Without Specified Amount Held Executable as Joint Memo Contained Mechanism for Determining Amount Due.

30 Jan 2026

The revision petitioners, legal representatives of the deceased defendant S.K.Krishnan, challenged the order of the executing court in E.P.No.3975 of ...

High Court

High Court Allows Writ Petition Seeking Mandamus to Sub-Registrar for Recording Cancellation of Registered Documents - Sub-Registrar's Refusal to Act on Civil Court Decree Quashed as Arbitrary and Contrary to Statutory Duty. Court Held Registering Authority's Function is Ministerial Under Section 31(2) of Specific Relief Act, 1963 and Rule 123 of Karnataka Registration Rules, 1965, and Certified Copy of Decree is Conclusive Proof Requiring Implementation Without Insisting on Formal Court Communication.

25 Mar 2026

The dispute originated from a property development arrangement where the petitioner, claiming absolute ownership of the suit schedule property, execut...

High Court

Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

15 Jul 2013

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Seeking Cancellation of Marriage Certificate by Mandamus — No Statutory Duty on Registrar to Cancel Certificate After Divorce Decree. The court held that a writ of mandamus cannot be issued in the absence of a statutory duty, and the marriage certificate is merely a record of the fact of marriage, not automatically cancellable upon divorce.

29 Apr 2026

The petitioner, Blinston Savio Fernandes, filed a Writ Petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa,...

High Court

High Court of Bombay at Goa Adjudicates Constitutional Challenge to Article 19 of Decree No.35461 on Enforcement of Ecclesiastical Annulment Decrees. Petitions Seek to Nullify Canonical Marriage Annulments and Prevent Civil Endorsements, Questioning the Validity of Pre-Constitution Colonial Law.

15 Oct 2019

Two writ petitions were heard together. In Writ Petition No.351 of 2017, the petitioner wife married the fourth respondent on 26 September 2009 under ...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Execution of Decree — Doctrine of Merger and Extension of Time Under Section 148 CPC Upheld. Executing Court's Power to Extend Time for Deposit of Advance Money Not an Alteration of Decree When Appellate Court Did Not Fix Time Limit.

19 Mar 2025

The present appeal arises from a property dispute concerning 'A' and 'B' schedule properties in Pondicherry. The appellant entered into a sale agreeme...

High Court

Bombay High Court Allows Revision Against Rejection of Application to Set Aside Ex Parte Decree in Civil Suit for Possession — Order IX Rule 13 CPC Application Held Maintainable Despite Decree Under Order VIII Rule 5(2) or Rule 10. The Court held that an application under Order IX Rule 13 CPC is maintainable to set aside an ex parte decree passed under Order VIII Rule 5(2) or Rule 10 CPC, as the decree is still ex parte and the defendant can show sufficient cause for non-appearance.

10 Aug 2005

The case arises from Regular Civil Suit No.52 of 1992 filed by the respondent (plaintiff) against the petitioners (defendants) for possession of suit ...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

25 Jul 2022

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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