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Supreme Court

Supreme Court Quashes Execution Proceedings in Specific Performance Decree Due to Procedural Violations Under Order XXI Rule 34 CPC. Execution Court's Failure to Serve Draft Sale Deed and Allow Objections, Coupled with Deviation in Executed Sale Deed from Decree Property, Vitiated the Proceedings, Requiring Fresh Compliance with Mandatory Procedure.

28 Feb 2022

The dispute arose from an agreement to sell property dated 28.01.2006, where the respondents sued for specific performance against the appellant. The ...

Supreme Court

Supreme Court Dismisses Appeal by Distribution Companies in Electricity Regulatory Dispute - Upholds APTEL's Direction for Merits-Based Disposal of Tariff Determination and Power Purchase Agreement Approval Petitions. Appellate Tribunal for Electricity Correctly Ordered State Commission to Decide Petitions on Merits After State Commission Allowed Withdrawal of One Petition and Dismissed the Other, Ensuring Statutory Functions Under Electricity Act, 2003 Are Fulfilled.

2 Feb 2022

The appeal arose from a dispute between Distribution Companies (DISCOMS) and Hinduja National Power Corporation Limited (HNPCL) regarding power purcha...

Supreme Court

Supreme Court Allows Decree Holder's Appeal in Execution of Foreign Money Decree Under Section 44A CPC. High Court of Delhi Held to Have Jurisdiction as Principal Civil Court of Original Jurisdiction When Decretal Amount Exceeds Pecuniary Limits Under Section 5(2) of Delhi High Court Act, 1966.

28 Jan 2022

The dispute arose from the execution of a money decree dated 7th February 2006, passed by the High Court of Justice, Queen’s Bench Division, Commerc...

Supreme Court

Supreme Court Sets Aside High Court Order Condoning Delay in Arbitration Challenge. Limitation Period Under Section 34(3) of Arbitration and Conciliation Act, 1996 Held Absolute and Not Extendable Beyond 30 Days.

16 Dec 2021

The appellant, Mahindra and Mahindra Financial Services Ltd., had provided a loan to the respondent, Maheshbhai Tinabhai Rathod, for purchase of tract...

Supreme Court

Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

6 Dec 2021

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

Supreme Court

Supreme Court Dismisses Developer's Appeal in Land Acquisition Compensation Case Due to Lack of Locus Standi. Developer Not a 'Person Interested' Under Section 3(b) of the Land Acquisition Act, 1894, as Its Interest Arose After Acquisition Through Agreement with Acquiring Authority.

5 Oct 2021

The dispute arose from land acquisition by the Burdwan Development Authority (BDA) for a satellite township in Burdwan, West Bengal, under the Land Ac...

Supreme Court

Supreme Court Quashes High Court's Decree in Specific Performance Suit Due to Procedural Lapses and Improper Reliance on Affidavit. First Appellate Court Must Re-appreciate Evidence and Frame Points Under Section 96 read with Order XLI Rule 31 CPC, and Pleadings Cannot Be Altered by Affidavit Without Amendment Under Order VI Rule 17 CPC.

4 Oct 2021

The dispute arose from an agreement for sale of property in Kaspa Coimbatore between the plaintiff and defendant, with the defendant agreeing to sell ...

Supreme Court

Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

29 Sep 2021

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

Supreme Court

Supreme Court Dismisses Appellant in Insolvency Appeal Due to Statutory Limitation Bar. The Court upheld the NCLAT's refusal to condone a 44-day delay in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, ruling that Article 142 of the Constitution cannot override specific statutory time limits.

14 Sep 2021

The dispute arose from insolvency proceedings initiated by the State Bank of India against Dunar Foods Limited under Section 7 of the Insolvency and B...

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