Search Results for "execution proceedings"

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint ...
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Search Results for "execution proceedings"

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Supreme Court

Supreme Court Disposes Civil Appeal Based on Settlement Agreement Between Parties in Property Dispute. Court Modified Time Period in Settlement Agreement and Directed Drawing of Decree in Terms of Settlement, Setting Aside Impugned Judgments and Decrees.

7 Feb 2024

The Supreme Court was hearing a civil appeal directed against a judgment and order dated 23.10.2008 passed by the High Court of Judicature at Madras i...

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 Partly Allows Appeals in Execution Proceedings Against Directors Despite Moratorium Under Insolvency and Bankruptcy Code, 2016. The court held that moratorium under Section 14 IBC applies only to the corporate debtor, not to its directors, allowing execution to proceed against directors if they are otherwise liable under the National Consumer Disputes Redressal Commission order.

17 Jan 2024

The dispute arose from execution applications filed by homebuyers (appellants) to enforce an order of the National Consumer Disputes Redressal Commiss...

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 Examines Limitation Period for Execution Proceedings Under Limitation Act, 1963 - Appeal Challenges High Court's Dismissal of Revision Petition on Grounds of Time-Barred Execution Application. Court Considers Whether Limitation Period Should Be Calculated from Compromise Decree Date or Final Decree Date Under Article 136 of Limitation Act, 1963.

24 Apr 2023

The Supreme Court considered an appeal challenging a High Court judgment dated 04.01.2006 in Civil Revision No. 715/2002, which had dismissed a revisi...

Supreme Court

Supreme Court Dismisses Appellant in Property Title Dispute Due to Failure to Prove Ownership. The plaintiff's suit for possession was rejected as they could not establish title to the disputed land, with appellate courts re-evaluating evidence under civil procedure principles.

11 Apr 2023

The dispute involved a registered Charitable Trust as appellant, claiming ownership of land in Khasra No. 4833, and respondents who were in possession...

Supreme Court

Supreme Court Allows Landlords' Appeal in Bombay Rent Act Eviction Case Based on Unlawful Transfer of Business. Tenant's Assignment of Hotel Business to Third Party Constitutes Breach Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Violating Lease Prohibition and Statutory Restrictions.

21 Mar 2023

The dispute originated from a civil suit filed by landlords seeking eviction of their tenant from leased premises in Pune used for hotel business. The...

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 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...

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