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Search Results for "Executing Court"

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Supreme Court

Supreme Court Upholds Arbitral Award in Arbitration Dispute, Setting Aside High Court Remand Order. The Court affirmed the District Judge's dismissal of a Section 34 petition, emphasizing limited judicial interference under the Arbitration and Conciliation Act, 1996, and modified interest rates for payment.

30 Jul 2020

The dispute arose from an arbitral award dated 16.09.2009 in favor of the appellant, B.B.M Enterprises, against the State of West Bengal, involving cl...

Supreme Court

Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

6 May 2020

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

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 Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

Supreme Court

Supreme Court Allows Father's Custody of Minor Child in Habeas Corpus Petition, Upholds Natural Guardian's Right. The court held that the father, as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, is entitled to custody unless shown to be unfit, and the welfare of the child is best served by being with the surviving parent.

6 May 2019

The Supreme Court dismissed an appeal against the Bombay High Court's judgment ordering the custody of a minor girl child to her father, respondent No...

Supreme Court

Supreme Court Dismisses Appeal Against High Court Order Allowing Construction After Lok Adalat Award Demolition. Lok Adalat Award Does Not Bar Subsequent Permitted Construction Under Kerala Panchayath Building Rules, 2011.

24 Apr 2019

The appellant, Dr. Cheriyath Jyothi, a resident of Karakulam Gram Panchayath, filed a complaint before the Panchayat Secretary on 6 May 2013 alleging ...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

20 Feb 2019

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

20 Feb 2019

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

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