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Supreme Court

Supreme Court Partly Allows Appeals in Arbitration Execution Case — Clarifies Interest Rate as Simple Interest. The Court held that an arbitration award granting interest at 7% per annum without specifying rests must be construed as simple interest, and post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 is payable.

19 Feb 2019

The case arises from an auction of shops conducted by the Municipal Council Thanesar on 18.10.2006. Disputes arose regarding delivery of possession an...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

Supreme Court

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

28 Jan 2019

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

Supreme Court

Supreme Court Sets Aside Contempt Conviction of Purchaser in Specific Performance Suit — Lack of Knowledge of Injunction and Vendor's Acquittal Lead to Acquittal. Purchaser Cannot Be Held in Contempt When Vendor Exonerated and No Evidence of Knowledge of Interim Order Under Order XXXIX Rule 2(a) CPC.

22 Jan 2019

The Supreme Court allowed an appeal against a High Court order affirming the Executing Court's finding of contempt against the appellant, Ramasamy, fo...

Supreme Court

Supreme Court Allows Review and Recalls Sale Order in Execution Decree Case Due to Factual Error Regarding Payment. Contempt Petition Disposed with Compensation for Violating Interim Orders.

22 Jan 2019

The case originated from a money suit filed in 1955 by Hari Kishan Das (plaintiff) against M/s Diwan Kripa Ram Radha Kishan (defendant), resulting in ...

Supreme Court

Supreme Court Allows Appeal in Restitution Case Under Section 144 CPC — Interim Injunction Not a Decree for Possession. Section 144 CPC Not Attracted Where No Decree or Order Directed Delivery of Possession.

21 Jan 2019

The dispute originated from a suit filed by Ganeshi Lal, claiming as next friend of the deity at Bhawani Mata Mandir, seeking a permanent injunction a...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

Supreme Court

Supreme Court Drops Contempt Proceedings Against Respondent in Licence Fee Dispute — No Intentional Violation Found as Execution Petition Pending. Court held that pendency of execution petition before competent court negates inference of intentional violation of order directing payment of admitted licence fee and common area maintenance charges.

4 Jan 2019

The contempt petition was filed by M/S MDDA Ramky ISBT Ltd. against Ombir Singh Tomar alleging violation of an order dated 17th April, 2017 passed in ...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

1 Jan 2019

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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