Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment for Mentally Ill Accused in Rape and Murder Case — Non-Compliance with Section 235(2) CrPC and Supervening Mental Illness Considered

12 Apr 2019

The Supreme Court of India heard a review petition filed by an accused (referred to as 'Accused X') against his conviction and death sentence for the ...

High Court

Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement.

3 Nov 2025

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance. Court holds that the Trial Court's order refusing to set aside ex-parte decree under Order IX Rule 13 CPC was not perverse or capricious, and the petitioner failed to show sufficient cause for non-appearance.

13 Sep 2024

The petitioner, Sri. Raoji S/o. Devaji Patel, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order date...

High Court

High Court of Bombay Dismisses Petition for Interim Injunction in Media Rights Dispute; Allegations of Fraud and Collusion Cast Doubt on Validity of Agreements. Petitioner Failed to Establish Prima Facie Case for Relief Under Section 9 of Arbitration and Conciliation Act, 1996.

20 Dec 2010

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by World Sport Group (India) Pvt. Ltd. against the ...

Supreme Court

Supreme Court Allows Execution of Perpetual Injunction Decree Despite Earlier Satisfaction Recorded in Execution Proceedings. Satisfaction in prior EP does not bar fresh EP for subsequent breach; perpetual injunction decree has no limitation under Article 136 Limitation Act, 1963.

16 May 2025

The Supreme Court allowed appeals by the decree-holders, Saraswati Devi and others, against the dismissal of their execution petition by the High Cour...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Probate in Will Dispute — Probate Court's Jurisdiction Limited to Testamentary Validity, Not Title or Succession. Court held that probate proceedings are not the appropriate forum to adjudicate disputes over title or entitlement to property, and the probate court's role is confined to determining the validity and execution of the will.

26 Apr 2019

The appellant, Smt. Kamal Mahaling Patil, filed an application under Section 276 of the Indian Succession Act, 1925, seeking probate of a will dated 1...

High Court

Bombay High Court Upholds Probate of Will Despite Death of Attesting Witnesses — Secondary Evidence Sufficient to Prove Execution. Court holds that when both attesting witnesses are dead, their signatures can be proved by other evidence under Section 69 of the Indian Evidence Act, 1872, and the will can be admitted to probate if the propounder proves due execution and testamentary capacity.

1 Jul 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court holding that the last will and testament of Sebastian John D'Souz...

High Court

Karnataka High Court Allows Revision Petition Against Rejection of Obstruction Application in Execution Proceedings — Petitioner's Claim of Share in Decreed Property Requires Inquiry Under Order XXI Rule 97 CPC. The executing court's summary rejection of the obstruction application without proper inquiry was set aside and matter remanded for fresh consideration.

17 Apr 2017

The petitioner, Mrs. Hemalatha Nayak @ Vijaya Laxmi Shenoy, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CP...

High Court

High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act.

3 Nov 2025

The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which...

High Court

Bombay High Court Nagpur Bench Delivers Judgment in Writ Petition Challenging Rejection of Petitioner's Bid and Cancellation of Work Experience Certificate in Road Improvement Tender. Dispute Involves Technical Eligibility of Petitioner and Respondent No.7 Under Tender Clause 4.4A and Alleged Disruption of Tender Process.

28 Oct 2020

Background: The petitioner, R.K. Chavan Infrastructure Pvt. Ltd., participated in a tender for road improvement work invited by the Public Works Depar...

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