Executing Court should execute decree without imposing onerous condition: Punjab and Haryana High Court
In the present case, the Executive Court imposed a condition directing the petitioner to furnish a bank guarantee for release of the amount.
decree
Supreme Court directs High Courts to ensure pending execution petitions to be decided within six months without fail
“It is said that the woes for the litigants in this country start once they are able to obtain a decree in their favour and are unable to execute and reap its fruits for years together.”
‘No material to formulate any substantial question of law’; Tripura HC dismisses appeal filed u/S 100 of CPC
‘The contention that the appeal is not maintainable under Section 100 of CPC cannot be accepted, rather the appeal filed by appellant is maintainable before the Court as the order of Additional District Judge is a decree.
‘Objections under S. 47 CPC are applicable only to execution of decrees not maintainable against arbitral awards’; Allahabad HC imposes Rs 5 lakhs cost on State
“Imposition of costs in cases of frivolous litigation is essential to maintain the integrity, efficiency, and fairness of the judicial system. By deterring abuse of the legal process, promoting judicial efficiency, and upholding the principles of fairness and justice, cost imposition serves to safeguard the rights of individuals, protect the integrity of the legal system, and bolster public confidence in the administration of justice.”
Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief
“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”
Delhi High Court | Maintenance amount is a legal ‘debt’, can be recovered through a civil suit
“This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual’s right to recover arrears in maintenance subsists even after the expiry of the period stipulated in section 125(3) CrPC.”
“Unless the foreign award contravenes a fundamental and non-derogable principle or core value, refusal to recognise is not warranted”: Madras High Court
The High Court of Madras recognised the foreign arbitration award pronounced by the Singapore International Arbitration Centre (‘SIAC’) and found that the respondents have failed to establish any ground for refusing the recognition of foreign award.
Kerala High Court | Court fee cannot be refunded after the suit decided on merits
Kerala High Court observed that when the suit is dismissed on finding that it is barred by law, the court fees cannot be refunded.
Delhi High Court awards Rs. 20 lakhs costs to Louis Vuitton in a trade mark infringement case against Club Factory
Delhi High Court: In a case where Club Factory was involved in the sale of various unauthorized/ counterfeited products, bearing
Delhi High Court awards Rs. 25 lakhs damages to ‘Daawat’ Basmati Rice in a trade mark infringement suit; restrains manufacturer from selling counterfeit ‘Daawat’ Products
Delhi High Court: In a suit for permanent injunction and damages for infringement of marks, passing off and unfair competition
Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?
Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the
Possession of joint land by one co-owner valid in absence of proof showing disagreement between other co-owners; Punjab & Haryana High Court reiterates
Punjab and Haryana High Court: Manjari Nehru Kaul, J., while dealing with a revision petition for setting aside the order passed by
Lok Adalat Award cannot be a basis for redetermination of the compensation under Section 28A of the LA Act: SC
Supreme Court: The bench of KM Joseph* and PS Narsimha, JJ was called upon to decide whether the Award passed by a
Whether a Decree or an Arbitral Award or a Settlement Deed can form the Basis of a Financial or Operational Debt under IB Code – Part II
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 9
Can a wife be forced to cohabit and establish conjugal rights? Or can a decree do so? Guj HC answers
Gujarat High Court: The Division Bench of J.B. Pardiwala and Niral R. Mehta, JJ., while dealing with a matter regarding restitution of
All HC | Can Executing Court’s order for enforcement of arbitral award be challenged under Art. 226? HC decides
Allahabad High Court: Dr Yogendra Kumar Srivastava, J., held that, Section 36 of the 1996 Act makes the arbitral award capable of
Does a decree automatically follows when a Metropolitan Magistrate take cognizance of an offence under S. 138 NI Act? Read on
Delhi High Court: Asha Menon, J., decided a matter concerning dishonour of cheque. Petitioner had filed a suit for recovery of Rs
Del HC | Under S. 263 of Succession Act, can a person approach High Court for grant of probate or letter of administration or revocation or annulment? HC addresses the issue
Delhi High Court: Mukta Gupta, J., decides a matter revolving around the Will of a deceased person. Factual Background Instant suit was
When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference
Madras High Court: Dr G. Jayachandran, J., refused to pass a decree in favour of the plaintiff who relied on general admission
Bom HC | In a property suit in which decree has been passed, can a third party’s intervention application claiming his right to recovery be maintainable? Read on
Bombay HC’s Justice Dama Seshadri Naidu while discussing, quotes EBC’s C.K. Thakker’ s Code of Civil Procedure