Code of Civil Procedure, 1908 with Section 47

Supreme Court clarifies execution of decree for possession in property disputes: Periyammal vs. Rajamani (2025) INSC 329 (6 March 2025)

Introduction Date of the Judgment: 6 March 2025 Citation: (2025) INSC 329 Judges: J. B. Pardiwala, J., Pankaj Mithal, J. When a person wins a court case and obtains a decree, can they always be sure they will get what the decree promises? The Supreme Court of India recently addressed this critical question in a […]

Supreme Court clarifies execution of decree for possession in property disputes: Periyammal vs. Rajamani (2025) INSC 329 (6 March 2025) Read Post »

Supreme Court clarifies execution of partition decrees: Joginder Singh vs. Dr. Virinderjit Singh Gill (2024)

Supreme Court clarifies execution of partition decrees: Joginder Singh vs. Dr. Virinderjit Singh Gill (2024) LEGAL ISSUE: Maintainability of objections to execution of a partition decree by a co-sharer. CASE TYPE: Civil Case Name: Joginder Singh (Dead) Thr. LRs vs. Dr. Virinderjit Singh Gill (Dead) Thr. LRs & Ors. [Judgment Date]: 17 October 2024 Date

Supreme Court clarifies execution of partition decrees: Joginder Singh vs. Dr. Virinderjit Singh Gill (2024) Read Post »

Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024)

Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024) LEGAL ISSUE: Whether an ex-parte decree can be set aside if the defendant was not given a fair opportunity to be heard. CASE TYPE: Civil Property Dispute Case Name: Ranjit Singh & Anr. vs.

Supreme Court Sets Aside Ex-Parte Decree for Lack of Fair Hearing in Property Dispute: Ranjit Singh vs. State of Uttarakhand (2024) Read Post »

Supreme Court Upholds Decree in Property Dispute: Rehan Ahmed vs. Akhtar Un Nisa (2024)

Supreme Court Upholds Decree in Property Dispute: Rehan Ahmed vs. Akhtar Un Nisa (2024) LEGAL ISSUE: Validity of a compromise decree in a property dispute when one of the original defendants was later removed from the suit. CASE TYPE: Civil Property Dispute Case Name: Rehan Ahmed (D) Thr. L Rs. vs. Akhtar Un Nisa (D)

Supreme Court Upholds Decree in Property Dispute: Rehan Ahmed vs. Akhtar Un Nisa (2024) Read Post »

Supreme Court Upholds Executing Court’s Order in Eviction Case: Pradeep Mehra vs. Harijivan J. Jethwa (2023)

Supreme Court Upholds Executing Court’s Order in Eviction Case: Pradeep Mehra vs. Harijivan J. Jethwa (2023) LEGAL ISSUE: The core legal issue revolves around the extent of the executing court’s powers under Section 47 of the Code of Civil Procedure, 1908 (CPC), specifically whether it can revisit an order allowing execution of a decree that

Supreme Court Upholds Executing Court’s Order in Eviction Case: Pradeep Mehra vs. Harijivan J. Jethwa (2023) Read Post »

Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (20 October 2023)

Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (2023) LEGAL ISSUE: Whether the Wakf Tribunal has jurisdiction to adjudicate eviction matters related to Wakf properties. CASE TYPE: Wakf Law, Property Law Case Name: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt.

Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (20 October 2023) Read Post »

Supreme Court Clarifies Rights of Decree Assignees Under Section 146 of CPC: Vaishno Devi Construction vs. Union of India (2021)

Supreme Court Clarifies Rights of Decree Assignees Under Section 146 of CPC: Vaishno Devi Construction vs. Union of India (2021) Date of the Judgment: October 21, 2021 Citation: (2021) INSC 745 Judges: Sanjay Kishan Kaul, J., B.R. Gavai, J. Can a person who has been assigned the rights to a decree before it was passed,

Supreme Court Clarifies Rights of Decree Assignees Under Section 146 of CPC: Vaishno Devi Construction vs. Union of India (2021) Read Post »

Supreme Court Addresses Delay in Execution of Decrees: Rahul S Shah vs. Jinendra Kumar Gandhi (2021)

Supreme Court Addresses Delay in Execution of Decrees: Rahul S Shah vs. Jinendra Kumar Gandhi (2021) LEGAL ISSUE: Addressing the issue of delays and obstructions in the execution of decrees in civil cases. CASE TYPE: Civil Case Name: Rahul S Shah vs. Jinendra Kumar Gandhi & Ors. Judgment Date: 22 April 2021 Date of the

Supreme Court Addresses Delay in Execution of Decrees: Rahul S Shah vs. Jinendra Kumar Gandhi (2021) Read Post »

Supreme Court clarifies execution of decree against legal heirs in partnership dissolution: S.P. Misra vs. Mohd. Laiquddin Khan (2019)

Supreme Court clarifies execution of decree against legal heirs in partnership dissolution: S.P. Misra vs. Mohd. Laiquddin Khan (2019) LEGAL ISSUE: Whether a decree obtained against a partner can be executed against their legal heirs after the dissolution of the partnership due to the partner’s death. CASE TYPE: Civil Law, Partnership. Case Name: S.P. Misra

Supreme Court clarifies execution of decree against legal heirs in partnership dissolution: S.P. Misra vs. Mohd. Laiquddin Khan (2019) Read Post »

Supreme Court Restores Trial Court Order on Temple Trusteeship: S. Bhaskaran vs. Sebastian (2019)

Supreme Court Restores Trial Court Order on Temple Trusteeship: S. Bhaskaran vs. Sebastian (2019) LEGAL ISSUE: Whether an executing court can go beyond the original decree and re-examine issues already decided in the original suit. CASE TYPE: Civil Case Name: S. Bhaskaran vs. Sebastian (Dead) By Lrs. & Ors. [Judgment Date]: 13 September 2019 Date

Supreme Court Restores Trial Court Order on Temple Trusteeship: S. Bhaskaran vs. Sebastian (2019) Read Post »

Supreme Court Clarifies Objections to Territorial Jurisdiction in Execution Proceedings: Sneh Lata Goel vs. Pushplata & Ors. (2019) INSC 12

Supreme Court Clarifies Objections to Territorial Jurisdiction in Execution Proceedings Date of the Judgment: January 7, 2019 Citation: (2019) INSC 12 Judges: Dr. Dhananjaya Y Chandrachud, J., Hemant Gupta, J. Can an executing court review a decree based on objections to territorial jurisdiction? The Supreme Court of India addressed this question in a recent case,

Supreme Court Clarifies Objections to Territorial Jurisdiction in Execution Proceedings: Sneh Lata Goel vs. Pushplata & Ors. (2019) INSC 12 Read Post »

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