Search Results for "Execution Proceedings"

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Supreme Court Dismisses SLP by Subsequent Purchasers Against High Court Order Directing Possession in Execution of Specific Performance Decree. Executing Court Can Grant Possession Even Without Express Decree for Possession When Property Is in Possession of Contracting Party.

The case involves a dispute arising from a suit for specific performance of a contract for sale of property. The plaintiffs (respondents herein) succe...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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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.

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...

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Bombay High Court Dismisses MSRTC Petition Against Execution of Land Acquisition Award. Court holds that objections to execution cannot be raised after the award has attained finality and compensation has been withdrawn.

The petitioner, Divisional Controller of Maharashtra State Road Transport Corporation, filed a writ petition challenging an order dated 26/8/2010 pass...

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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...