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.
Executing Court
No appeal lies u/s 54 of Land Acquisition Act, 1894 against orders of Executing Court: Tripura High Court
The appellant filed an objection before the Executing Court to delete their name from the execution proceeding and to insert the name of Executive Engineer PWD, NH Division as Judgment debtor but the Executing Court disposed of objection on the ground that matter was already decided.
Executing Court must ascertain stamp duty payment issue before enforcement of Arbitral Award: MP High Court
The Court held that unilateral appointment of the Arbitrator without the petitioner’s consent could render the award void under Section 34 of the Arbitration and Conciliation Act, 1996
Executing Court having jurisdiction to execute award, can be any Court anywhere in the country, where decree can be executed: Allahabad HC reiterates
Allahabad High Court noted that the issue regarding the jurisdiction of the Executing Court was neither doubted nor was referred.
Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court
“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”
Rules 97, 98 and 101 of Order 21 of CPC enable Executing Court to adjudicate inter-se claims of decree holder and third parties: Supreme Court reiterates
Supreme Court commented that “The situation is indeed disquieting, viewed from the perspective of the decree holders, but the law, as it stands, has to be given effect whether the court likes the result or not.”
If Banks have to survive, borrowers must exist and not mere borrowers but productive borrowers: Del HC on whether borrowers have protection against arbitrary disposal of properties mortgaged to banks at low prices? [In-depth Report]
Delhi High Court: Asha Menon, J., expressed that, The Banks seek collaterals and security to prevent losses to themselves. It is, but
J&K HC | Duty of Executing Court to rectify any discrepancies in order to make a decree executable
Jammu & Kashmir High Court: Sindhu Sharma, J. allowed the revision petition on the grounds that the executing court had a duty
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
HP HC | Executing Courts have no authority to go beyond the judgment/decree passed by the Court
Himachal Pradesh High Court: The Bench of Sandeep Sharma, J. hearing a revision petition against an order of District Judge, held that
Executing Court cannot go beyond the decree; held objections rightly dismissed
Madhya Pradesh High Court: Petitioner preferred this civil revision before a Single Judge Bench of Rajeev Kumar Shrivastava, J., under Section 115