Supreme Court Clarifies Merger Doctrine in Specific Performance Suits Date of the Judgment: 17 January 2025 Citation: (2025) INSC 81 Judges: J.B. Pardiwala, J. and R. Mahadevan, J. Can a decree for specific performance be automatically nullified if the payment isn’t made within the initial timeframe set by the trial court, even after the High […]
Supreme Court clarifies execution of decree in specific performance case: Sanwarlal Agrawal vs. Ashok Kumar Kothari (2023) LEGAL ISSUE: Whether an executing court can go beyond the decree and include aspects not explicitly mentioned in the decree based on pleadings and other documents. CASE TYPE: Civil, Specific Performance Case Name: Sanwarlal Agrawal & Ors. vs.
Supreme Court clarifies procedure for executing sale deed in specific performance decree: Rajbir vs. Suraj Bhan (2022) INSC 178 LEGAL ISSUE: What is the correct procedure for executing a sale deed in a decree for specific performance? CASE TYPE: Civil (Specific Performance) Case Name: Rajbir vs. Suraj Bhan & Anr. [Judgment Date]: 28 February 2022
Supreme Court Modifies High Court Order on Consent Decree Execution in Family Dispute: Pawan Kumar Arya vs. Ravi Kumar Arya (2020) LEGAL ISSUE: Whether a part of a consent decree, specifically the allotment of properties, can be executed independently when the decree also mandates a further supplementary agreement between the parties. CASE TYPE: Civil, Family
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 Executing Court’s Power in Lease Renewal Dispute: Bagalkot Udyog Ltd. vs. Shivashankargouda (2019) LEGAL ISSUE: Scope of an Executing Court’s power to modify or alter a decree while executing it. CASE TYPE: Civil (Execution of Decree) Case Name: M/S Bagalkot Udyog Limited vs. Shivashankargouda & Ors. [Judgment Date]: 24 September 2019 Date
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 Clarifies the Scope of Order XXI Rule 101 CPC in Property Possession Disputes Date of the Judgment: 29 July 2019 Citation: Shamsher Singh & Anr. vs. Lt. Col. Nahar Singh (D) Thr. Lrs. & Ors. (2019) INSC 740 Judges: Ashok Bhushan, J., Navin Sinha, J. Can a person who was dispossessed from a
Supreme Court Clarifies Execution of Specific Performance Decrees After Appeal: Surinder Pal Soni vs. Sohan Lal (2019) LEGAL ISSUE: Whether a decree for specific performance from a trial court merges with the decree of the appellate court, and if so, what impact it has on the execution of the decree, particularly concerning time limits for
Supreme Court recalls order of property sale in execution of decree: Yatinder Kumar Aggarwal & Ors. vs. Mukund Swarup & Ors. (2019) LEGAL ISSUE: Whether a property sale in execution of a decree should be set aside if the judgment debtor demonstrates that the decree amount has been satisfied. CASE TYPE: Civil Case Name: Yatinder
Supreme Court clarifies the role of Revisionary Court in eviction cases: Hiya Associates vs. Nakshatra Properties (2018) LEGAL ISSUE: The core legal issue revolves around the appropriate procedure for a Revisionary Court to follow when reviewing an order from an Executing Court in an eviction case. CASE TYPE: This case falls under the ambit of
Supreme Court Upholds Auction Sale, Dismissing Claim of Bona Fide Purchaser: Siddagangaiah vs. Giriraja Shetty (2018) LEGAL ISSUE: Whether a suit is maintainable to challenge a court auction sale after an application to set aside the sale on grounds of material irregularity has been dismissed. Also, whether a sale during the pendency of a suit
