Search Results for "Consent decree"

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Search Results for "Consent decree"

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High Court

Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

20 Dec 2018

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

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

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

Bombay High Court Directs Sub-Registrar to Register Consent Decree as Conveyance Under Registration Act, 1908 — Mandamus Issued for Compliance with Court Letters. A consent decree for transfer of immovable property is a conveyance under Section 17 of the Registration Act, 1908, and the Sub-Registrar must register it; failure to do so warrants a writ of mandamus.

28 Sep 2015

The petitioners, Tardeo Properties Private Ltd and another, filed a writ petition under Article 226 of the Constitution of India seeking a direction t...

High Court

Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

29 Oct 2013

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

High Court

Bombay High Court Heard Writ Petition Challenging Interim Stay of Consent Decree in Fraud Allegations. The Court Examined Whether Third Parties Can Apply for Recall of Consent Decree Under Order XXIII Rule 3 and Section 151 of Code of Civil Procedure, 1908.

9 Jun 2025

The writ petition arose from a challenge to an interim order of a Civil Judge staying a consent decree and restoring a disposed suit at the instance o...

High Court

Bombay High Court Allows Notice of Motion to Set Aside Consent Decree in Co-operative Society Dispute; Finds Fraud and Lack of Authority. Consent Decree Vitiated by Dual Representation of Husband-Wife and Absence of Society's Authorization Under Maharashtra Co-operative Societies Act, 1960.

2 Jun 2020

This notice of motion sought to set aside a consent decree dated 19 April 1993 and all subsequent amendments and the conveyance executed in pursuance ...

High Court

Bombay High Court Grants Specific Performance of Agreement to Sell Property Based on Consent Terms. Consent decrees passed against defendant heirs who stepped into shoes of original defendants, confirming plaintiff's right to specific performance of suit agreement.

12 Aug 2010

The plaintiff, Virsen Balwantsingh Solanki, instituted Suit No. 1808 of 1981 in the Bombay High Court for specific performance of an agreement dated 2...

High Court

Bombay High Court Upholds Husband's Right to Withdraw Consent in Mutual Divorce Case — Consent Withdrawal Permitted Before Final Decree Despite Settlement Before Marriage Counsellor Under Section 13-B of Hindu Marriage Act, 1955.

10 Dec 2021

The petitioner-wife and respondent-husband married on 24.04.2012 and separated in March 2013. The husband filed a divorce petition on the ground of de...

High Court

Bombay High Court Dismisses Second Appeal in Trust Dispute — Upholds Concurrent Findings on Validity of Consent Decree. Court holds that a consent decree passed in a suit for administration of trust is not null and void and can be challenged only on grounds of fraud or collusion, which were not established.

8 Jan 2014

The original plaintiff, Sushilabai Byramji, filed Regular Civil Suit No.63 of 1982 seeking rendition of accounts, execution of trusts, setting aside o...

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