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execution

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section 44A
Posted inNews

Bombay High Court holds execution under Section 44A must remain summary—“Issues and full-fledged evidence only in exceptional cases”; order framing issues in UAE decree execution set aside

1. Court’s decision The Bombay High Court set aside the District Judge’s order framing issues and permitting parties to lead evidence in execution proceedings filed under Section 44A of the…
Posted by Rawlaw February 13, 2026
liability
Posted inNews

Delhi High Court upholds interest-first appropriation in arbitral award execution — “Executing court cannot rewrite award, municipal liability frozen and payable in instalments”

Headnote Arbitration and Conciliation Act, 1996 – Sections 31(7), 36 – Code of Civil Procedure, 1908 – Order XXI Rule 1 – Execution of arbitral award – Appropriation of payments…
Posted by Rawlaw December 27, 2025
will and testament
Posted inNews

Delhi High Court upholds finding on genuineness of Will despite dismissal of probate — “Proof of execution can stand independent of probate relief; secondary evidence admissible on proof of loss” while rejecting son’s challenge

Court’s decision The Delhi High Court dismissed an appeal under Section 299 of the Indian Succession Act, affirming the trial court’s finding that a Will executed by the deceased mother…
Posted by Rawlaw December 20, 2025
liable
Posted inNews

Delhi High Court holds partner jointly and severally liable for decree — “Section 25 Partnership Act leaves no escape; objections frivolous and aimed at delaying execution” — petition dismissed with costs

1. Court’s decision The Delhi High Court dismissed a challenge to an execution court’s order rejecting objections under Section 47 of the Code of Civil Procedure and upholding issuance of…
Posted by Rawlaw December 14, 2025
SARFAESI
Posted inNews

Bombay High Court refuses impleadment of auction purchaser in execution — ‘SARFAESI buyer liable only for dues attached to secured assets, not business liabilities of defaulting society’

1. Court’s decision The Bombay High Court dismissed a writ petition filed by a cooperative credit society seeking to implead a SARFAESI auction purchaser (Respondent No.2) as a party in…
Posted by Rawlaw December 7, 2025
arrest warrant
Posted inNews

Delhi High Court upholds arrest warrants in execution proceedings — “territorial jurisdiction is fixed at filing; judgment debtor cannot evade process by shifting address”

1. Court’s decision The Delhi High Court has dismissed a petition challenging the Shahdara Execution Court’s order issuing arrest warrants against a judgment debtor who repeatedly evaded execution proceedings. The…
Posted by Rawlaw November 21, 2025
limitation
Posted inNews

Kerala High Court: “Erroneous Return of Execution Petition Does Not Stop Limitation Clock — Section 14(2) of Limitation Act Inapplicable When Court Had Jurisdiction”

Court’s Decision The Kerala High Court, in a landmark judgment delivered by Justice P. Krishna Kumar, held that a decree-holder cannot claim exclusion of time under Section 14(2) of the…
Posted by Rawlaw October 19, 2025
limitation
Posted inNews

Patna High Court: “Limitation Starts from Dismissal of Appeal, Not Decree Date” — Court Upholds Execution Filed After 12 Years as Maintainable

Court’s Decision The Patna High Court dismissed a civil miscellaneous petition challenging the maintainability of an execution case for being allegedly barred by limitation, holding that the 12-year period under…
Posted by Rawlaw October 16, 2025

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