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Search Results for "Execution petition"

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Supreme Court

Supreme Court Dismisses Appeal by Auction Purchaser, Upholds High Court's Setting Aside of Auction Sale in Favor of Guarantor Who Paid Entire Dues Within a Week of Auction. The Court held that in the peculiar facts, substantial justice was done and the High Court's order setting aside the auction was not interfered with, keeping the question of law open.

24 Apr 2020

The appellant, Paul, was the auction purchaser of a property measuring 2 acres 43 cents in Village Managiri, Madurai District, Tamil Nadu. The propert...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

Supreme Court

Supreme Court Remands Execution Sale Dispute for Limitation Determination. High Court's Order Setting Aside Auction Sale Set Aside for Ignoring Supreme Court's Direction to Decide Limitation First.

17 Mar 2020

The dispute arises from execution proceedings of a decree passed in favour of Shree Mahalaxmi Mercantile Coop Bank Ltd. (R2) against M/s. Abhilasha Co...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Upholding Family Court's Recall of Maintenance Order Under Section 125 CrPC. The Court held that the Family Court lacked jurisdiction to recall its final order disposing of the maintenance petition, as Section 362 CrPC prohibits alteration or review of a judgment except for clerical or arithmetical errors.

19 Feb 2020

The case involves a matrimonial dispute where the appellant husband, Sanjeev Kapoor, was married to respondent No.1, Chandana Kapoor, on 04.11.1998. T...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings Due to Lack of Proper Service of Summons. Court Auction Sale Set Aside Upon Payment of Agreed Decree Amount.

11 Feb 2020

The dispute arose from a money decree in O.S. No. 271 of 1999 filed by the respondent-decree holder against the appellant-judgment debtor. The suit wa...

Supreme Court

Supreme Court Rejects Challenge to ICC Arbitral Award in Share Dispute, Modifies Interest by Consent. Parties agree to Rs.107.50 crore full and final settlement with sale of project land to Bhutani Group.

10 Feb 2020

The present appeal arose from a challenge to an ICC arbitral award with its seat in New Delhi. The dispute originated from a Shareholders Agreement (S...

Supreme Court

Supreme Court Allows Appeal in Consent Decree Execution Dispute — Family Settlement Must Be Enforced to Give Fruits of Decree. Court Holds That Executing Court Cannot Nullify Consent Terms by Reading Implied Conditions; Direction Issued to Execute Letter of Allotment.

31 Jan 2020

The dispute arose between two groups of family members, the PA Group (appellants) and the RA Group (respondents), over the assets of Kash Foods Privat...

Supreme Court

Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

1 Jan 2020

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

Supreme Court

Supreme Court Upholds Eviction Decree in Rent Control Case — Concurrent Findings of Default and Non-User Not Interfered With. Tenant's Failure to Pay Rent and Non-User of Premises for Stated Purpose Justify Eviction Under Bombay Rents, Hotel & Lodging Houses Rates Control Act, 1947.

14 Nov 2019

The Supreme Court dismissed two civil appeals arising from a landlord-tenant dispute over eviction. The plaintiff purchased the suit property in 1986 ...

Supreme Court

Supreme Court Dismisses Appeal in Partnership Dispute — Decree Against Deceased Partner Not Executable Against Legal Representatives. Partnership Dissolved on Death of Partner Under Section 42(c) of Partnership Act, 1932, and Legal Representatives Not Bound by Decree.

18 Oct 2019

The case arises from a partnership deed dated 14.04.1982 between late Sri Jai Narayan Misra and late Smt. Hashmatunnisa Begum for real estate developm...

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