decree Archives

Ker HC | [Or. 41 R. 5] Power of execution court to stay the execution is only upto to the stage of filing appeal; Petition allowed

Kerala High Court: B. Sudheendra Kumar, J., allowing the present petition observed, “Since the appeal was already filed, the court below had

Case Briefs High Courts

Ker HC | Proviso to Or. VI R. 17 of Code curtails absolute discretion of Court to allow amendment at any stage of suit, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier; legal position reiterated

Kerala High Court: R. Narayana Pisharadi, J., while allowing the instant petition, set aside the order of trial Court, thereby allowing the

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Executing Court cannot go behind the decree and therefore, State Commission has no option but to execute Order passed in Consumer Complaints

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member), observed that Executing Court cannot go behind the decree and therefore, the

Case Briefs High Courts

Bom HC | Performing second marriage during pendency of an appeal is a breach under S. 15 of HMA, but would it amount to civil contempt? HC analyses

Bombay High Court: A.S. Kilor, J., held that contravention of the provision of Section 15 of the Hindu Marriage Act, 1955 does not

Case Briefs High Courts

Jhar HC |‘Desertion’ has to be wilful and voluntary for a valid ground for divorce under S. 13 of Hindu Marriage Act, 1955; Legal principle “No one can take a benefit of his own fault” applied

Jharkhand High Court: A Division Bench of H.C. Mishra and Rajesh Kumar JJ., rejected the prayer and dismissed the appeal being devoid

Case Briefs High Courts

All HC | Can daughter-in-law be evicted without seeking decree of eviction against the son under S. 2(s) of Domestic Violence Act? HC Answers

Allahabad High Court: Vivek Kumar Birla, J., while addressing a matter with regard to “shared household”, held that, “daughter-in-law can be evicted without

Case Briefs Supreme Court

Bar under Order 23 Rule 3A CPC to challenge compromise decree extends to strangers as well

Supreme Court: The bench of AM Khanwilkar and Ajay Rastogi, JJ has held that a decree passed on a compromise cannot be

Case Briefs High Courts

Bom HC | Permissive possession different from adverse possession; Cause of action arises to plaintiff only when defendant sets up adverse title

Bombay High Court: S.C. Gupte, J., dismissed a second appeal filed against the orders of courts below where the suit filed by the

Case Briefs High Courts

Ker HC | Purpose for which an arrangement is entered into, is an essential ingredient to determine if the same is a mortgage or a lease

Kerala High Court: P. Somarajan, J. allowed the second appeal in a matter related to the redemption of mortgage, against the order

Case Briefs High Courts

P&H HC | Litigants to exercise due diligence in pursuing remedy when judgment and decree already assailed before lower appellate court

Punjab and Haryana High Court: Amit Rawal J., dismissed the second appeal petition on the ground that there was no substantial question

Case Briefs High Courts

P&H HC | Party if denies agreement to sell cannot raise plea of ‘readiness and willingness’ particularly when extensions and earnest money duly proved against it

Punjab and Haryana High Court: Amit Rawal, J. dismissed an appeal against the decree of the suit for specific performance of the

Case Briefs High Courts

Cal HC | Grievances ought to be first filed in the competent civil forum, before preferring a writ petition in High Court

Calcutta High Court: Tapabrata Chakraborty, J. dismissed a writ petition filed by the petitioner, Dr Kashninath Ghosh Hazra, under Article 226 of

Case Briefs High Courts

MP HC | Appeal in tenancy matter dismissed in absence of substantial question of law

Madhya Pradesh High Court: This second appeal was filed before the Bench of Vivek Rusia, J., by appellant against the judgment and

Case Briefs High Courts

Bom HC | Decree passed against a company can’t be executed against an individual; proprietor’s application for discharge allowed

Bombay High Court at Goa: C.V. Bhadang, J., discharged the petitioner (proprietor of the defendant Company) of the notice served upon him

Case Briefs Foreign Courts

Pak SC | Family Courts Act: Curtailment on right to appeal does not exclude wife’s right of appeal if she is dissatisfied with quantum of dower awarded

Supreme Court of Pakistan: The Three-Judge Bench of Mian Saqib Nisar, CJ and SH. Azmat Saeed and Ijaz-Ul-Ahsan, JJ. dismissed the appeal

Case Briefs High Courts

Del HC | Specificities of date and time not necessary in divorce petition under S. 13(1)(i-a) HMA, where wife leads evidence

Delhi High Court: The Division Bench of G.S. Sistani and Jyoti Singh, JJ., directed a divorce decree sheet to be drawn up in

Op Eds OP. ED.

SCC Times

decree

Ker HC | [Or. 41 R. 5] Power of execution court to stay the execution is only upto to the stage of filing appeal; Petition allowed

Ker HC | Proviso to Or. VI R. 17 of Code curtails absolute discretion of Court to allow amendment at any stage of suit, it has to be shown that in spite of due diligence, such amendment could not have been sought earlier; legal position reiterated

NCDRC | Executing Court cannot go behind the decree and therefore, State Commission has no option but to execute Order passed in Consumer Complaints

Bom HC | Performing second marriage during pendency of an appeal is a breach under S. 15 of HMA, but would it amount to civil contempt? HC analyses

Jhar HC |‘Desertion’ has to be wilful and voluntary for a valid ground for divorce under S. 13 of Hindu Marriage Act, 1955; Legal principle “No one can take a benefit of his own fault” applied

All HC | Can daughter-in-law be evicted without seeking decree of eviction against the son under S. 2(s) of Domestic Violence Act? HC Answers

Bar under Order 23 Rule 3A CPC to challenge compromise decree extends to strangers as well

Bom HC | Permissive possession different from adverse possession; Cause of action arises to plaintiff only when defendant sets up adverse title

Ker HC | Purpose for which an arrangement is entered into, is an essential ingredient to determine if the same is a mortgage or a lease

P&H HC | Litigants to exercise due diligence in pursuing remedy when judgment and decree already assailed before lower appellate court

P&H HC | Party if denies agreement to sell cannot raise plea of ‘readiness and willingness’ particularly when extensions and earnest money duly proved against it

Cal HC | Grievances ought to be first filed in the competent civil forum, before preferring a writ petition in High Court

MP HC | Appeal in tenancy matter dismissed in absence of substantial question of law

Bom HC | Decree passed against a company can’t be executed against an individual; proprietor’s application for discharge allowed

Pak SC | Family Courts Act: Curtailment on right to appeal does not exclude wife’s right of appeal if she is dissatisfied with quantum of dower awarded

Del HC | Specificities of date and time not necessary in divorce petition under S. 13(1)(i-a) HMA, where wife leads evidence

Decree of Divorce Granted by a Foreign Court and its Maintainability in India: A Critical Analysis

HP HC | Executing Courts have no authority to go beyond the judgment/decree passed by the Court

Legal representatives of judgment-debtor liable to satisfy decree passed against him in terms of Section 50 CPC

Executing Court cannot go beyond the decree; held objections rightly dismissed