Search Results for "decree beyond scope"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...

Search Results for "decree beyond scope"

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High Court

Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

20 Apr 2026

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

High Court

Bombay High Court Upholds Conditional Stay of Eviction Decree in RAE Suit — Appellate Court's Discretion to Impose Conditions for Stay Upheld Under Article 227. The court held that conditions requiring deposit of entire decretal amount and mesne profits were reasonable and not onerous, and no interference was warranted.

30 Dec 2025

The petitioners, Katty Minoo Dastur and another, filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 10th...

Supreme Court

Supreme Court Allows Appeals Against Condonation of 586-Day Delay and Grant of Leave to Appeal to Pendente Lite Purchasers in Specific Performance Suit. The Court held that subsequent purchasers who purchased property during pendency of suit and in violation of injunction cannot claim bona fide status and have no right to appeal after their impleadment application was rejected and became final.

1 Jan 2025

The case involves appeals by the original plaintiffs (H. Anjanappa & Ors.) against an order of the Karnataka High Court condoning a delay of 586 days ...

Supreme Court

Supreme Court Dismisses Appeal in Land Acquisition Case Regarding Lok Adalat Award as Basis for Compensation Redetermination. Court Held That Lok Adalat Award Under Legal Services Authorities Act, 1987 Does Not Qualify as Determination by 'Court' Under Section 28A of Land Acquisition Act, 1894, as It Is Based on Compromise and Lacks Adjudicatory Function.

3 Feb 2022

The Supreme Court addressed a batch of appeals concerning the interpretation of Section 28A of the Land Acquisition Act, 1894, in relation to Awards p...

Supreme Court

Supreme Court Allows Appeal in Family Property Dispute Over Compromise Decree Registration. Compromise Decree Arising from Family Settlement Does Not Require Compulsory Registration Under Section 17(2)(vi) of Registration Act, 1908, as Parties Had Pre-existing Rights as Heirs.

6 Jul 2021

The dispute involved two sons of late Vijendra Singh contesting ownership of ancestral land. The appellant filed a suit for possession in 1978, disput...

High Court

Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

11 Mar 2020

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Maintenance Order, Upholds Family Court's Refusal to Dismiss Execution as Time-Barred. Execution of maintenance order under Section 24 of Hindu Marriage Act, 1955 is not governed by Article 136 of Limitation Act, 1963; application for execution filed within 12 years from date of decree is within limitation.

7 Aug 2018

The petitioner, Parag Subhash Parelkar, and respondent No.2, N. Geetanjali Parag Parelkar, were legally wedded husband and wife. Due to marital discor...

High Court

Bombay High Court Dismisses Judgment Debtor's Application to Set Aside Consent Decree in Commercial Execution — Consent Decree Not a Nullity Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That Undertakings Given to Court Cannot Be Unilaterally Withdrawn and Execution Proceedings Are Continuation of Suit.

13 Jul 2018

The case involves a Chamber Summons filed by the original Judgment Debtor No.2 (Firoz A Nadiadwala) and his proprietary firm Base Industries Group see...

High Court

Bombay High Court Dismisses Appeals Against Injunction in Specific Performance Suit — Agreement to Sell Not Concluded Due to Unfulfilled Conditions Precedent. The court held that the agreement was subject to conditions precedent and the plaintiffs failed to show readiness and willingness, but balance of convenience favored maintaining status quo.

30 Nov -0001

The appellant, M/s Mahavir Associates, a partnership firm, filed appeals against an order of the Trial Court granting temporary injunction in favor of...

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