Search Results for "execution petition maintainability"

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Search Results for "execution petition maintainability"

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Supreme Court

Supreme Court Upholds Executability of Specific Performance Decree Despite Delay in Deposit of Balance Consideration. Non-Deposit Within Stipulated Time Does Not Automatically Render Decree Inexecutable; Judgment-Debtor Must Seek Rescission Under Section 28 of Specific Relief Act, 1963.

6 May 2026

The case involves a dispute over the execution of a decree for specific performance of an agreement to sell agricultural land. The appellant, Habban S...

High Court

High Court Dismisses Stranger's Writ Petition Against Eviction Decree Execution Due to Lack of Legal Right and Suppression of Facts. Objection Based on Oral Assurance from Tenant Fails as No Documentary Evidence Produced Under Hyderabad Rent Control Act, 1954, and Execution Proceedings Must Proceed as Per Decree.

30 Mar 2026

The dispute arose from the execution of an eviction decree ordered by the High Court in 2011, originating from eviction proceedings initiated in 1992 ...

High Court

Bombay High Court Allows Letters Patent Appeal in Patent Infringement Case — Rejects Challenge to Maintainability of Suit. Court holds that a suit for infringement of a patent is maintainable even if the patent is not registered under the Designs Act, 2000, as long as it qualifies as a patent under the Patents Act, 1970.

15 Dec 2025

The appellant, M/s. Permanent Magnets Limited, filed a suit for infringement of its patent against the respondent, Mahipat Yadav. The respondent filed...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

Bombay High Court Allows Cross Appeals in Part in Arbitration Dispute Over Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Clarifies That an Award Creditor Can Seek Interim Relief During Section 34 Proceedings to Secure the Award Amount.

31 Jul 2019

The case involves cross appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a common order dated 1 July 2019 passed by...

High Court

Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order.

14 Jan 2019

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

1 Jan 2019

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

High Court

High Court of Karnataka Dismisses Execution Second Appeal as Not Maintainable Against Order Under Order 21 Rule 11 CPC. Order Allowing Execution Petition Under Order 21 Rule 11 CPC Does Not Amount to a Decree and Hence No Second Appeal Lies.

6 Apr 2015

The case pertains to an Execution Second Appeal filed by B. Kashinath Choudhary against an order dated 11.03.2013 passed by the Principal Civil Judge ...

High Court

Bombay High Court Allows Writ Petition Against Dismissal of Execution Objection — Lower Appellate Court Failed to Consider Merits of Objection Under Order 21 Rule 97 CPC. The court held that the appellate court must consider the substance of the objection regarding tenancy rights and joint possession, not dismiss it on technical grounds.

23 Nov 2010

The petitioners, Shripati Ganpati Jadhav and others, filed a writ petition before the Bombay High Court challenging the order of the District Judge, P...

High Court

Bombay High Court Allows Mortgagee's Suit for Arrest and Sale of Vessel in Admiralty Jurisdiction — Mortgage Debt Secured by Vessel Held Enforceable Despite Change of Ownership. The court held that a valid mortgage creates a maritime lien enforceable in rem, and subsequent change of ownership does not affect the mortgagee's rights.

18 Jul 2005

The plaintiffs, Dallah Albaraka Investment Co. Ltd., filed an admiralty suit in the Bombay High Court seeking enforcement of a mortgage over the vesse...

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