Search Results for "decree enforceability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "decree enforceability"

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High Court

Bombay High Court Dismisses Appeal Against Execution of Arbitral Award — Jurisdiction Under Section 42 of Arbitration Act Determined by First Application. Court holds that once a Section 34 petition is filed in a court, that court alone has exclusive jurisdiction to entertain all subsequent applications including execution, regardless of withdrawal.

23 Feb 2015

The case involves an appeal against an order of a learned Single Judge of the Bombay High Court, which negated the appellant's contention that the cou...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order to Implead Plaintiff in Suit for Specific Performance — Petitioner Not a Necessary Party Under Order 1 Rule 10 CPC. Subsequent purchaser pendente lite cannot claim impleadment as a matter of right; decree binds all persons claiming under vendor.

13 Apr 2015

The petitioner, Smt. Lakshmamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 30.07.2013 ...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement for Sale of Agricultural Land Enforceable Despite Non-Agriculturist Purchaser. Section 89 of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 Does Not Bar Enforcement of Agreement for Sale Where Purchaser Is Not an Agriculturist.

9 May 2014

The appellant-defendant, Hetram, entered into an agreement for sale of his agricultural land with the respondents-plaintiffs on 11 August 2003 for a t...

High Court

Bombay High Court Allows Revision Against Ex-Parte Injunction in Development Agreement Dispute — No Prima Facie Case for Specific Performance as Agreement Was Only a Draft. The court held that a draft agreement shared for suggestions does not constitute a concluded contract, and the balance of convenience favored the defendant-owner under Order 39 Rules 1 and 2 of CPC.

20 Mar 2023

The applicant, Jatin Jitendra Rasiklal Shah, was the original defendant No.1 and owner of Nazul Plot No. 2/1 in Amravati. The respondent No.1, Shardul...

High Court

High Court of Karnataka Passes Order in Writ Petition on Police Assistance for Injunction Implementation — Trial Court's Direction Under Section 151 CPC Challenged for Res Judicata and Possession Violations

23 Jul 2026

The writ petition arose from a civil suit (O.S. No. 1708/2024) filed by the respondent-plaintiff against the petitioners-defendants seeking a declarat...

High Court

Bombay High Court Dismisses Appeal Against Order in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to grant specific performance of agreement to sell as plaintiffs failed to prove readiness and willingness to perform their part of contract under Section 16(c) of Specific Relief Act, 1963.

22 Oct 2019

The dispute pertains to a suit for specific performance of an agreement to sell dated 18-04-2005 concerning agricultural land bearing Khasara No.40, P...

High Court

Bombay High Court Dismisses Impleadment Application in Specific Performance Suit — Applicants Lack Direct Interest in Subject Property. Chamber Summons for impleadment as defendants rejected as applicants failed to establish any legal or equitable interest in the property under the Specific Relief Act, 1963.

8 Dec 2017

The judgment concerns a Chamber Summons filed by M/s. Nestor Construction Pvt. Ltd. and Mr. Ayub Khan Jalil Khan seeking impleadment as defendant Nos....

High Court

High Court of Bombay at Goa Dismisses Second Appeal by Defendants in Partition Suit; Oral Partition of Immovable Property Not Permissible Under Section 2184 of Portuguese Civil Code. The court held that Section 2184 of the Portuguese Civil Code, requiring partition of immovables by written document, remains in force in Goa and is not repealed by the Transfer of Property Act, 1954.

11 Aug 2017

The dispute arose from a suit for partition filed by the respondents (original plaintiffs) against the appellants (original defendants). The 1st plain...

Supreme Court

Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

29 May 2026

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

Supreme Court

Supreme Court Dismisses Appeal in Land Encroachment Case, Upholding Demolition and Possession Decree. Concurrent findings of ownership and encroachment were not interfered with under Article 136 of the Constitution, and Section 51 of the Transfer of Property Act, 1882 was held inapplicable as the appellant failed to establish being a transferee with bona fide belief.

2 Feb 2023

The dispute originated from a civil suit filed by the respondent (plaintiff) for possession of land measuring 11 Biswancies and demolition of structur...

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