Search Results for "Decree Holder"

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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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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpa...

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Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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"Judgment Debtor’s Liability to Pay Interest Clarified: Deposit in Appellate Court Does Not Cease Accrual of Interest" "Bombay High Court reiterates the conditions for cessation of interest under Order XXI, Rule 1 of CPC."

This case examines the cessation of interest on a decretal amount deposited by the judgment debtor in an appellate court, rather than the executing co...

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"Pendente Lite Transferee's Right to Challenge Execution of Decree Confirmed: Supreme Court" SC affirms that limitation period begins from the date of final decree, and a pendente lite transferee can challenge execution if dispossessed.

The Supreme Court of India, deals with the execution of a final decree in a partition suit and the rights of a pendente lite transferee. It affirms th...

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A Critical Ruling on Compliance with Educational Wage Payments. The Court directs educational officers and institutions to comply with back wage payments, warning of severe penalties for non-compliance.

The Bombay High Court's ruling focuses on the enforcement of back wage payments to a former teacher whose termination was overturned by the School Tri...

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Court Restores Original Decision, Declares Contempt Petition Time-Barred. High Court Review Overstepped Jurisdiction; Importance of Adhering to Limitation Periods in Contempt Proceedings Emphasized

The  judgment addresses a contempt petition regarding the failure of a Tahsildar to effect a mutation ordered by a Single Judge. The Division Bench (...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...