Search Results for "execution proceedings"

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Supreme Court

Supreme Court Enhances Compensation for Claimants in Motor Accident Claim Due to Inadequate Income Assessment and Omission of Future Prospects. Compensation Recalculated Based on Deceased's Educational Qualification and Application of 40% Future Prospects Under Section 168 of Motor Vehicles Act, 1988, Following Precedent in National Insurance Company Limited vs. Pranay Sethi and Others.

18 Nov 2021

The dispute arose from a motor accident on 12 September 2012, resulting in the death of Prashant, a 21-year-old bachelor studying civil engineering. T...

Supreme Court

Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

17 Nov 2021

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

Supreme Court

Supreme Court Disposes of Appeal in Debt Recovery Case with Interim Deposit and Attachment Orders. Court directed appellant to deposit Rs.5 crores, permitted respondent to withdraw amounts, continued attachment of shares, and ordered timely disposal of pending appeal under the Recovery of Debts and Bankruptcy Act, 1993.

27 Oct 2021

The Supreme Court of India disposed of a civil appeal arising from a special leave petition, which challenged the High Court of Rajasthan's dismissal ...

Supreme Court

Supreme Court Quashes Contempt Conviction Against Officials in Agricultural Produce Levy Case Due to Lack of Willful Disobedience and Improper Fact-Finding in Contempt Proceedings. High Court Erred by Examining Evidence and Imposing Liability When a Committee Was Constituted to Decide Disputed Facts Under the Assam Agricultural Produce Market Act, 1972.

26 Oct 2021

The appeal arose from a contempt conviction by the High Court against officials for willful disobedience of its order regarding cess levy under the As...

Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

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 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 Directs NCLT to Expedite Approval of Resolution Plan in Home Buyers' Insolvency Case, Upholding IBC Moratorium. Execution of Consumer Forum Order Stayed Under Section 14 of Insolvency and Bankruptcy Code, 2016, with Personal Liability Issues Referred to Adjudicating Authority.

8 Sep 2021

The dispute involved home buyers who had entered into agreements with a developer for a housing project, with possession due in 2014. The developer ab...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

27 Aug 2021

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

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