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Search Results for "Execution proceedings"

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Supreme Court

Supreme Court Refers to Larger Bench Question of Maintainability of Review Petition After Dismissal of SLP in Limine. The issue is whether a review petition is maintainable before the High Court after the Supreme Court dismisses a special leave petition without granting leave, particularly when the dismissal is in limine and by a non-speaking order.

1 Mar 2019

The case arises from a money suit filed by the respondent (a cooperative sugar factory under liquidation) against the appellant (Khoday Distilleries L...

Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Execution Case — Clarifies Interest Rate as Simple Interest. The Court held that an arbitration award granting interest at 7% per annum without specifying rests must be construed as simple interest, and post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 is payable.

19 Feb 2019

The case arises from an auction of shops conducted by the Municipal Council Thanesar on 18.10.2006. Disputes arose regarding delivery of possession an...

Supreme Court

Supreme Court Allows Flat Purchasers' Appeal in Consumer Dispute Against Developer for Delayed Possession — Interest Extended Until Actual Possession. The court held that the NCDRC's limitation of interest to 31 July 2016 was unjustified as many purchasers had not received possession, and the contractual compensation rate was inadequate under the Consumer Protection Act, 1986.

11 Feb 2019

The Supreme Court of India heard two sets of appeals against an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 8 June 2018...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

Supreme Court

Supreme Court Sets Aside Contempt Conviction of Purchaser in Specific Performance Suit — Lack of Knowledge of Injunction and Vendor's Acquittal Lead to Acquittal. Purchaser Cannot Be Held in Contempt When Vendor Exonerated and No Evidence of Knowledge of Interim Order Under Order XXXIX Rule 2(a) CPC.

22 Jan 2019

The Supreme Court allowed an appeal against a High Court order affirming the Executing Court's finding of contempt against the appellant, Ramasamy, fo...

Supreme Court

Supreme Court Allows Review and Recalls Sale Order in Execution Decree Case Due to Factual Error Regarding Payment. Contempt Petition Disposed with Compensation for Violating Interim Orders.

22 Jan 2019

The case originated from a money suit filed in 1955 by Hari Kishan Das (plaintiff) against M/s Diwan Kripa Ram Radha Kishan (defendant), resulting in ...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

1 Jan 2019

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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