Search Results for "Execution Proceedings"

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Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

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Bombay High Court Dismisses Judgment Debtors' Petition Challenging Execution of Decree — Decree Attained Finality Up to Supreme Court. Appointment of Court Commissioner for Measurement and Possession Upheld as Executing Court Cannot Go Behind Decree.

The petitioners, who are judgment debtors, challenged a common order dated 15.09.2023 passed by the learned Joint Civil Judge Junior Division, Kannad,...

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Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

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Supreme Court Upholds High Court Dismissal of Judgment Debtor's Application to Set Aside Receiver's Sale Under Order 21 Rule 89 CPC. Order 21 Rule 89 Held Not Applicable to Receiver Appointed Under Section 51 CPC as Sale Not Conducted Under Order 21.

In execution of a money decree, the judgment debtor defaulted on payment of agreed instalments. The executing court, invoking Section 51 of the Code o...