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Showing posts with label execution of decree. Show all posts
Showing posts with label execution of decree. Show all posts
Tuesday, 28 April 2026

Execution of decree and obstruction to its execution

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 Execution is the process by which a decree-holder enforces a decree through the civil court. The law on execution is contained mainly in Se...
Sunday, 11 January 2026

Supreme Court: Whether executing court can examine validity of award of Lok Adalat and declare it as null and void?

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 Legal Services Authorities Act, 1987; Sections 21 and 22E — Challenge to Lok Adalat Award — Maintainability of Writ Petition — Held, the s...
Monday, 23 June 2025

Cross-Border Justice: A Comprehensive Guide to Recognition and Enforcement of Foreign Decrees in India

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  The globalization of commerce and increasing cross-border transactions have made the recognition and enforcement of foreign judgments a cr...
Tuesday, 3 June 2025

What is limitation period for filing of execution of compromise decree of S 138 of N I Act case?

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  Introduction Section 138 of the Negotiable Instruments Act, 1881 (NI Act) is a widely used legal provision to address the offence of dish...

How to Enforce a Decree of Injunction under Order XXI Rule 32(1) of the Civil Procedure Code?

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  Enforcing a decree of injunction is a crucial aspect of civil litigation in India, ensuring that the rights of decree-holders are protecte...
Sunday, 4 May 2025

Allahabad HC: Revisional Court Can't Assume Jurisdiction To Reject O.21 R.97 Application When It Is Pending Before Executing Court

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In the instant case the revisional court had assumed the jurisdiction of executing court and dismissed the application filed under Order XXI...

Supreme Court: Under which circumstances the court can allow amendment of plaint during execution of decree and at appellate stage?

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  Before we proceed to answer the question formulated by us in para 27, we  deem it necessary to examine Section 22 of the 1963 Act. It read...
Sunday, 30 March 2025

Supreme Court: What is the duty of executing court while executing decree for specific performance of contract?

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The executing court was not clear, both as regards the facts and as to law. On facts, it did not take into account, the real purport of the ...
Sunday, 12 January 2025

Supreme Court: What conditions the Appellate court should impose while staying execution of money decree?

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11. To the same effect is the decision of this Court in Sihor Nagar Palika Bureau v. Bhabhlubhai Virabhai & Co.   MANU/SC/0315/2005 : (2...

What principles the appellate court should follow while deciding stay application in appeal preferred against money decree?

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11. To the same effect is the decision of this Court in Sihor Nagar Palika Bureau v. Bhabhlubhai Virabhai & Co., [MANU/SC/0315/2005 : 20...
Wednesday, 25 December 2024

Whether a person can resist execution of decree saying that he is subsequent transferee if he is in possession of immovable property but sale deed is not executed in his favour?

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The learned Counsel for the respondent No. 2 sought to urge that the respondent No. 2 has been put in possession of the flat pursuant to the...
Thursday, 23 May 2024

Whether executing court can pass an order of attachment of Residential premises/home in execution of claim petition award?

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Learned counsel seeks to contend that a procedure prescribed for enforcement of process against land must be understood as a procedure that ...
Thursday, 25 April 2024

Kerala HC: Appellate court can only stay execution of decree and not stay the operation of the judgment

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Going by the plain meaning of Order XLI Rule 5, it provides for only stay of the proceedings under a decree or stay of execution of the decr...
Thursday, 14 December 2023

Article on Recognition and enforcement of foreign divorce decrees in India

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  Recognition of foreign divorce decrees in India is a complex legal issue that involves the interplay of private international law, Indian ...
Friday, 6 October 2023

Whether the court can stay execution of award passed under MV Act during pendency of application for condonation of delay in filing of appeal?

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However, what the Hon’ble Andhra Pradesh High Court with  respect, does not appear to have considered is what has been considered  by the Di...
Thursday, 28 September 2023

Notes on execution of decree for restitution of conjugal rights

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  32. Decree for specific performance for restitution of conjugal rights, or for an injunction .—(1) Where the party against whom a decree f...
Thursday, 14 September 2023

Whether award of Lok Adalat must have all the characters of a decree to make it executable?

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The minimum details of the property agreed to be conveyed ought to have been reflected in the award, so as to make the award executable. The...
Monday, 28 August 2023

Whether the court can dismiss execution proceeding the decree-holder has lost possession to a third party/encroacher?

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 In most recent judgment in “Jini Dhanrajgir & Anr. Vs. Shibu Mathew & Anr.” (2023) SCC Online SC 643, the legal position has been r...
Saturday, 24 June 2023

What is the scope of the enquiry under Order XXI, Rules 97-101, CPC ?

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    In the case on hand, the obstructionists do not claim title under any one of the parties to the litigation. They set up independent titl...

Can a claim against persons who hold title to the suit property but are strangers to the partition suit be decided in the same suit?

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Take for instance a suit filed for partition by a member of the Hindu Undivided Family. If one of the coparceners or an alienee from such co...