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Bombay High Court Dismisses Decree Holders' Challenge to Executing Court's Order Permitting Objector to Lead Evidence in Execution Proceedings. Executing Court Has Discretion to Allow Oral Evidence Under Order 21 Rule 105 CPC When Objector Raises Substantial Questions Regarding Executability of Decree.

The petitioners, decree holders, filed two writ petitions challenging identical orders passed by the Court of Joint Civil Judge, Senior Division, Nagp...

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Bombay High Court Dismisses Appeal in Arbitration Enforcement Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Contractor's Award for Road Construction Work Held Unenforceable as Arbitration Was Governed by Arbitration Act, 1940 and Award Was Not Made Rule of Court.

The appellant, M/s. Radhey Shyam Associates, a contractor, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bom...

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Bombay High Court Dismisses Appeal in Arbitration Execution Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Court holds that arbitration agreement entered into before 1996 Act came into force is governed by the 1940 Act, and award must be filed in court for enforcement under that Act.

The appellant, M/s. Radhey Shyam Associates, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bombay High Court...

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Bombay High Court Allows Petition, Sets Aside Order 9 Rule 13 CPC Restoration in Specific Performance Suit. Defendant Failed to Show Sufficient Cause for Non-Appearance Despite Knowledge of Proceedings.

The petitioner, Hemant Ganeshprasad Jaiswal, filed a suit for specific performance of an agreement for sale dated 6.2.2006 against the respondent, Mur...

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Bombay High Court Dismisses Second Appeals by Obstructionists in Execution Proceedings — Purchasers During Pendency of Lis Not Bona Fide. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applies to Execution Proceedings, and Purchasers During Pendency Are Bound by Decree.

The case involves three second appeals arising from execution proceedings. The respondent decree holders (Respondent Nos.1-3) obtained a compromise de...

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Bombay High Court Dismisses Judgment-Debtor's Challenge to Eviction Decree Execution in Slum Area Case. Execution of Pre-Existing Decree Does Not Require Permission Under Maharashtra Slum Areas Act, 1971 as Decree Was Passed Before Slum Notification.

The petitioner, Manohar Bhadade, was the judgment-debtor in a decree for eviction and possession passed in Regular Civil Suit No.42 of 2003 by the 2nd...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witness. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, 1947 and Section 161 IPC.

The State of Maharashtra appealed against the judgment of the Additional Sessions Judge, Satara, in Special Case No.2/88, acquitting the respondent-ac...