Search Results for "execution proceeding"

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in...
Supreme Court Alters Conviction from Murder to Attempt to Murder in Absence of C...
Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...
Supreme Court Dismisses Appeals of Para-Teachers Seeking Regularisation in Jhark...
Supreme Court Allows Appellant in Karnataka SC/ST Land Transfer Case Due to Lach...

Search Results for "execution proceeding"

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Supreme Court

Supreme Court Holds Contemnor Guilty in Civil Contempt Petition for Non-Payment of Use and Occupation Charges. The court found wilful disobedience of its order directing payment of arrears and monthly charges, rejecting the defense of financial incapacity as the contemnor continued to occupy the property under the Contempt of Courts Act, 1971.

24 Apr 2025

The dispute originated from an agreement dated 26.01.2014 between M/s Chithra Woods Manors Welfare Association (petitioner association) and Shaji Augu...

Supreme Court

Supreme Court Modifies Decree in Lease Dispute Based on Settlement Agreement and Grants Interim Relief for Institute Relocation. The court accepted a settlement reducing mesne profits and allowed the appellant to shift to a temporary location for up to two years to prevent student hardship, under the Code of Civil Procedure, 1908.

23 Apr 2025

The Supreme Court dealt with appeals challenging a High Court judgment that dismissed the appellant's appeals and confirmed a trial court decree. The ...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

Supreme Court

Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

9 Apr 2025

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

Supreme Court

Supreme Court Allows Substitution of Alternate Flat in Real Estate Dispute Due to Appellant's Violation of Stay Order. Appellant's Failure to Provide Documents and Alienation of Flat Despite Stay Leads to Equitable Adjustment of Dues Under Maharashtra Ownership of Flats Act, 1963.

28 Mar 2025

The dispute arose from the allotment of a three-bedroom apartment (Flat No. 6403) by Jawala Real Estate Pvt. Ltd. (appellant, later amalgamated with M...

Supreme Court

Supreme Court Reiterated Doctrine of Merger in Execution Proceedings – Decree of Trial Court Merges with Appellate Court’s Decision. Executing Court Cannot Modify or Extend the Decree Passed by the Appellate Court – Delay in Execution Not a Ground for Challenge – Section 53A of Transfer of Property Act, 1882, Not Applicable When Buyer Had Knowledge of Pending Litigation

19 Mar 2025

Doctrine of Merger Applies to Execution Proceedings – Para 24 Section 53A Not Applicable When Agreement Executed During Pending Litigation – Para ...

High Court

Scope of Amendment under Section 152 of the Code of Civil Procedure, 1908 – High Court Holds Correction of Decree Justified in Case of Misdescription of Property

13 Mar 2025

Judicial Power – Clerical or Accidental Errors – Distinction Between Review and Amendment – Execution of Decrees – Correction of Judgment to R...

Supreme Court

Supreme Court of India — Appeal Dismissed — No Ownership or Leasehold Rights Conferred — Remedy for Recovery of Possession or Unearned Income Kept Open

7 Mar 2025

Lease Agreement Not Executed — No Transfer of Leasehold Rights — Auction Sale on 'As Is' Basis — Rights Under Lease Agreement Limited — Liquid...

Supreme Court

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

6 Mar 2025

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

Supreme Court

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

4 Mar 2025

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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