Search Results for "Executing Court"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
Supreme Court Allows Subsidy Claim Under National Horticulture Board Scheme Due ...
Supreme Court Takes Suo Motu Cognizance in Illegal Sand Mining Case Involving Wi...
Supreme Court Sets Aside High Court Order in Eviction Case and Remands to Trial ...
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Search Results for "Executing Court"

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Supreme Court

Supreme Court Upholds Conviction of Accused in Murder Case Based on Unlawful Assembly and Common Object Under IPC. Appellants, who did not directly assault the deceased but were part of an unlawful assembly armed with choppers with the common object to kill the family, were held guilty under Section 302 read with Section 149 IPC based on credible eyewitness testimony of injured family members.

2 Feb 2024

The dispute arose from a bitter property feud between the deceased Shivanna and his brother Ramanna (A-9), which led to civil litigation. On 25 Septem...

Supreme Court

Supreme Court Quashes High Court Order Vacating Stay in Contempt Proceedings Due to Overreach of Jurisdiction. The Court Held That Contempt Jurisdiction Under Article 215 and the Contempt of Courts Act, 1971 Must Not Be Used to Issue Supplemental Directions or Alter Original Orders, Emphasizing the Special and Rare Nature of Such Power.

30 Jan 2024

The appeal before the Supreme Court centered on the limits of contempt jurisdiction under Article 215 of the Constitution of India and the Contempt of...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

12 Jan 2024

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

Supreme Court

Supreme Court Dismisses Developer's Appeals in Consumer Dispute Over Delayed Housing Project. Developer's liability to refund allottees upheld due to breach of construction timeline under Tripartite Agreement, with consumer fora jurisdiction affirmed despite arbitration clause.

13 Apr 2023

The dispute arose from a housing project named 'Pride Asia' in Chandigarh, where the Chandigarh Housing Board (CHB) was appointed as the nodal agency ...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

Supreme Court

Supreme Court Allows Appeal in Commercial Suit Over Decree Interpretation - Executing Court Erred in Considering Pleadings to Include Loan Amount. Decree Based on Email Dated 28.03.2019 for Sale of 50% Shareholding with Consideration of ₹36.75 Crores Exclusive of Loan, as Executing Court Cannot Go Behind Decree Under Order XII Rule 6 CPC.

21 Feb 2023

The dispute originated from a joint venture agreement in 2017 between two groups, Agrawals and Kotharis, to operate a multi-specialty hospital in Mumb...

Supreme Court

Supreme Court Dismisses Appeals in MRTP Act Compensation Dispute, Upholding NCLAT's Interest Award. Developer Found Guilty of Unfair Trade Practice for Delayed Construction and Cancellation, Entitling Complainant to Compound Interest Under Section 12B of Monopolies and Restrictive Trade Practices Act, 1969.

31 Jan 2023

The dispute originated from a 1989 flat allotment in Ghaziabad where the original applicant died and was succeeded by her daughter-in-law, who continu...

Supreme Court

Supreme Court Reverses High Court Order Permitting Evidence in Arbitration Challenge. The Court held that the 2019 amendment to Section 34(2)(a) of the Arbitration & Conciliation Act, 1996 is clarificatory and limits evidence to the arbitral record, disallowing additional evidence in Section 34 proceedings except in exceptional circumstances.

19 Jan 2023

The dispute arose from an arbitral award dated 12.03.1998, which was challenged by the respondents through an application under Section 34 of the Arbi...

Supreme Court

Supreme Court Partly Allows Appeal in Arbitration Case, Modifying Interest Award Due to Claimant's Delay and Unreasonable Rate. Arbitrator's Discretion Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996 Must Be Exercised with Reasons, and Interest Cannot Be Awarded for Periods of Inaction, with Rate Reduced from 18% to 9% and 6%.

30 Sep 2022

The dispute originated from a construction contract awarded in 1971 for building a road link, with completion delayed until 1977. The contractor, afte...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Recovery of Possession - Sets Aside Summary Judgment and Decree for Eviction. The Court held that the plaint did not disclose a valid cause of action as it was based on ambiguous lease expiry and future events, making summary judgment under Order XII Rule 6 of the Code of Civil Procedure, 1908 improper.

22 Sep 2022

The appeal arose from a civil suit for recovery of possession of a plot of land in Delhi. The appellant, Hindustan Petroleum Corporation Ltd., operate...

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