Search Results for "executable decree"

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Search Results for "executable decree"

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Supreme Court

Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

1 Jan 2020

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

High Court

High Court of Karnataka Dismisses KSRTC's Revision Against Execution of Foreign Decree — Foreign Judgment Not Challenged on Merits, Execution Proceeding Valid Under Section 13 CPC. The court held that a foreign decree is conclusive unless set aside by the foreign court, and objections to its validity cannot be raised in execution proceedings.

14 Jul 2023

The Karnataka State Road Transport Corporation (KSRTC) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) ch...

High Court

High Court of Karnataka Allows Writ Petition Challenging Execution of Arbitral Award Without Decree — Arbitral Award Cannot Be Executed Directly Under Section 38 CPC Without Prior Decree Under Section 36 of Arbitration Act.

13 Mar 2014

The petitioner, Sri Chandrashekhar, was the judgment debtor in execution proceedings before the Principal District and Sessions Judge, Mysore. The dec...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

8 May 2026

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

High Court

Bombay High Court Dismisses Wife's Objection to Execution of Decree for Specific Performance. Objection by judgment debtor's wife that she was not a party to the suit rejected as decree binding on judgment debtor.

1 Jul 2010

The petitioner, Mrs. Mary Martinha De Monte Furtado, filed a writ petition challenging an order dated 18-2-2009 passed by the learned Civil Judge, Sen...

High Court

High Court of Karnataka Quashes Execution Court Order in Recovery of Possession Case — Petitioner's Application for Re-Delivery Dismissed as Not Maintainable Under Order XXI Rule 100 CPC. Court Held That Order XXI Rule 100 CPC Applies Only When Decree Holder Is Not Party to Proceedings, Not When Decree Holder Seeks Possession Against Judgment Debtor.

9 Jul 2024

The petitioner, Smt. Girija Poojarthi, was the defendant No.7 in a suit for recovery of possession (O.S.No.374/1999) which was decreed on 24.07.2007. ...

Supreme Court

Supreme Court Upholds Execution Against Bhumidhari Rights and Trees Under U.P. Encumbered Estates Act. Bhumidhari Rights Held Not to be Proprietary Rights, and Trees Not Vesting in State are Debtor's Property Liable to Execution.

25 Sep 1969

The dispute arose from execution proceedings under the Uttar Pradesh Encumbered Estates Act, 1934. The predecessors-in-interest of the appellants were...

High Court

Bombay High Court Hears Chamber Summons for Leave to Execute UK Judgment for Costs Against Judgment Debtor. Applicability of Section 44A CPC and Mandatory Notice Requirement under Order XXI Rule 22 CPC Considered.

5 Jun 2006

The matter arose from a Chamber Summons in execution proceedings before the Bombay High Court, seeking leave to execute a foreign judgment and costs c...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Execution of Sale Deed by BDA — Petitioner Failed to Implead Necessary Party and Sought Relief Beyond Writ Jurisdiction. Execution of a decree is a civil court function, not amenable to writ jurisdiction under Articles 226 and 227 of the Constitution of India.

17 Mar 2023

The petitioner, Joseph Raj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Bangalore Develop...

High Court

Bombay High Court Allows Writ Petition Against Executing Court's Rejection of Execution Application for Arbitral Award. Court Holds That Section 36 of Arbitration and Conciliation Act, 1996 Does Not Require Separate Application Under Section 34 for Execution of Arbitral Award.

27 Jul 2022

The petitioner, Shriram Transport Finance Company Limited, obtained an arbitral award on 09.04.2014 directing the respondents to pay Rs. 74,094/- with...

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