Search Results for "decretal amount determination"

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Bombay High Court Allows Land Acquisition Compensation Enhancement Petitions Under National Highways Act — Held That Reference Court Must Consider Market Value Based on Sale Deeds and Potential of Land, Not Merely Government Rates. Claimants Entitled to Additional Amounts Under Land Acquisition Act.

The judgment concerns three writ petitions filed by legal heirs of deceased landowners whose agricultural lands were acquired for the construction of ...

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Gujarat High Court Partly Allows State's Appeal in Contract Dispute, Reduces Interest Rate from 15% to 9% per annum. Court holds that pendente lite and future interest in commercial contracts should be at the contractual rate or 9% per annum under Section 34 CPC, not 15% as awarded by trial court.

The State of Gujarat, as original defendant, appealed against the judgment and decree dated 30.04.2003 passed by the 6th Joint Civil Judge, Vadodara i...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

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Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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Bombay High Court Upholds DRAT Order Requiring 75% Deposit Under Section 21 of RDB Act in Debt Recovery Appeal — No Waiver Granted as Petitioner Failed to Establish Prima Facie Case or Financial Hardship.

The petitioner, M/s. Sterlite Technologies Ltd., filed a writ petition under Article 226 of the Constitution challenging an order of the Debts Recover...