Search Results for Tag : Executing Court

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SC: Executing Court can Never Go Behind the Decree(31.10.2023)

Supreme Court has held that a bare perusal of Section 47 of CPC shows that all questions between the parties can be decided by the executing court, bu.....

Tags : Supreme Court, Executing Court, Decree, CPC

Executing Court can't Decide Whether Court Which Decreed Suit had Territorial Jurisdiction: SC(21.01.2019)

Supreme Court has observed that an executing court has no jurisdiction to decide whether the court which passed the decree had territorial jurisdictio.....

Tags : Supreme Court, Executing Court, Territorial Jurisdiction

SC: Claims Raised by Obstructer in Execution Proceedings to be Adjudicated by Executing Court(07.12.2021)

Supreme Court has held that claims raised by an obstructer including questions relating to right, title or interest in the property in execution proce.....

Tags : Supreme Court, Execution Proceedings to be Adjudicated by Executing Court

Ker. HC: Payment of Interest Can’t be Reviewed or Added While Enforcing Foreign Award(01.05.2024)

Ker. HC has held that the executing court cannot review a foreign award or add anything to it. Moreover, the executing court cannot go behind the decr.....

Tags : Kerala High Court, Executing Court, Foreign Award, Payment of Interest

Supreme Court Explains Executing Court Cannot Travel Beyond Order or Decree under Execution(16.09.2019)

Supreme Court has clarified a settled proposition that an executing court cannot travel beyond the order or decree under execution. The Court observed.....

Tags : Supreme Court , Executing Court

Tri. HC: No Scope of Appeal u/s 54 of Land Acquisition Act Against Executing Court’s Orders(27.06.2024)

Tripura High Court while dismissing an appeal invoking Section 54 of the Land Acquisition Act, 1894, has observed that there is no scope to prefer any.....

Tags : Tripura High Court, Executing Court, Land Acquisition Act

SC: Executing Court to Determine Whether Transfer of Suit Property Was Made Post Dismissal of Suit(19.05.2023)

Supreme Court has held that executing court will have to determine whether transfer of immovable property which was made post dismissal of suit, was m.....

Tags : Supreme Court, Executing Court, Post Dismissal, Lis Pendens

Delhi HC: Executing Court Can't Go Behind Decree & Give Relief to Judgment Debtor(02.05.2022)

Delhi High Court has reiterated that the executing Court can’t go behind the decree that is to be implemented and give relief to the judgment debtor t.....

Tags : Delhi High Court, Executing Court, Judgment debtor

Ori. HC: Stay of Execution Proceedings Under Arbitration Act Governed by Provisions of CPC(19.07.2024)

Orissa HC has held that application before executing court to stay the operation of execution proceedings initiated under Section 36(1) of the Arbitra.....

Tags : Orissa High Court, Execution Proceedings, Executing Court