Separate Suit challenging auction sale by Transferee Pendente Lite not maintainable: Supreme Court
“A transferee pendente lite takes the property subject to the outcome of the proceedings, irrespective of notice or bona fides.”
execution proceedings
Rent Appellate Tribunal can’t keep judgment reserved indefinitely after conclusion of arguments: Rajasthan High Court
“The right of speedy and expeditious disposal of the case, trial is one of the most valuable and cherished right of a litigant guaranteed under Article 21 of the Constitution of India.”
Madras HC clears attachment on late actor Sivaji Ganesan’s property amid arbitral award execution against grandson
If the intention of the legislature had been to require the recording of oral evidence for adjudicating every application filed under Order 21, Rule 58 CPC, such a requirement would have been explicitly stipulated within the provision itself.
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.”
‘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.”
Madras High Court | When public officials have committed an act of negligence, lapses or dereliction of duty, financial loss caused to the State exchequer must be recovered from them
When the public officials have committed an act of negligence, lapses or dereliction of duty, the financial loss caused to the State exchequer are to be recovered from such public servants, who are responsible and accountable for the financial losses.
Supreme Court pulls up Ludhiana Improvement Trust for sitting over an acquired land for three decades without paying for it; says ‘citizen’s right cannot be taken for a ride’ like this
“The Improvement Trust behaved as if it had some superior right to appropriate the property of the owners without paying for it contrary to the mandate of the LA Act.”
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
What is the legal status in case of a Muslim man regarding payment of maintenance to ex-wife beyond iddat period if she remains un-remarried and unable to maintain herself? Kar HC analyses
Karnataka High Court: Krishna S. Dixit dismissed the petition being devoid of merits. The facts of the case are such that the
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
Pak SC | Non-issuance of notice to the address not on record invalid ground for ignorance; Court dismisses the petition
Pakistan Supreme Court: A Full Bench of Gulzar Ahmed, Faisal Arab, Sajjad Ali Shah, JJ., dismissed the petition filed under Order 21
Order XXI Rule 90 CPC allows setting aside of an auction sale only on grounds of fraud or material irregularity
Punjab and Haryana High Court: A Single Judge Bench comprising of Kuldip Singh, J. dismissed the appeal filed against the order passed