Search Results for Tag : execution
International Cases
Use of midazolam does not violate Eighth Amendment of Constitution(29.06.2015)
Hearing a petition against the use of midazolam by the State of Oklahoma in carrying out the death penalty, the United States Supreme Court held that .....
Tags : Death row, execution, midazolam
News
Delhi High Court Modifies Guidelines for Expediting Execution of Decrees, Awards(01.07.2021)
Delhi High Court has modified the guidelines issued by it with regards to the execution of decrees and awards by directing the lower Courts to expedit.....
Tags : Delhi High Court, Execution of Decrees, Awards
MP HC: Authorities Responsible for Execution of COVID Protocol are Unable to Discharge Their Duties(01.10.2020)
Madhya Pradesh High Court has observed that the executive authorities who are responsible for the execution of the COVID Guidelines are unable to disc.....
Tags : Madhya Pradesh High Court, Execution of COVID Protocol
Gujarat HC: No Need to Examine Scribe to Prove Execution of a Will(20.08.2021)
Gujarat High Court has held that in view of the provisions of Section 68 of the Indian Evidence Act, 1872, there is no need to examine the scribe of a.....
Tags : Gujarat High Court, Execution of a Will
SC: Can’t Dismiss Execution Petition Merely Because Property's Possession is Lost to Third Party(28.08.2023)
Supreme Court has held that Court can’t dismiss an execution petition as inexecutable, merely on the basis that the property has been lost to a third .....
Tags : Supreme Court, Execution Petition, Possession, 3rd Party
Kerala HC: Order XLI Rule 5 CPC Only Permits Stay of Execution of Decree, Not Stay of Judgment(10.11.2021)
Kerala High Court has held that Order XLI Rule 5 of the Code of Civil Procedure, 1908 only provides for stay of the proceedings under a decree or stay.....
Tags : Kerala High Court, Stay of Execution of Decree
SC: Right to Establish Educational Institution is FR, Can't be Restricted by Executive Instruction(16.09.2022)
Supreme Court has held that the right to establish an educational institution is a fundamental right (FR) under Article 19(1)(g) of the Constitution o.....
Tags : Supreme Court, Fundamental Rights, Execution Instruction
Kerala HC: Execution Proceedings Against Idol to be Set Aside When Deity Not Party to Suit(06.10.2021)
Kerala High Court has held that execution proceedings initiated against an idol and its property are liable to be set aside when the deity or a public.....
Tags : Kerala High Court, Execution Proceedings Against Idol
SC: Transferee of Rights in Suit Can Apply for Execution Without Separate Assignment of Decree(22.10.2021)
Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, 1908 removed the distinction between an assignment pr.....
Tags : Supreme Court, Execution Without Separate Assignment of Decree
SC: Can’t Presume Validity of Will Merely Because it is Registered(09.10.2023)
Supreme Court has held that mere registration of the Will would not be sufficient to prove its validity, as its lawful execution necessarily had to be.....
Tags : Supreme Court, Will, Registered, Lawful Execution
JKL HC: Can’t Argue for Quashing of Detention Order When it is Challenged Before its Execution(10.10.2023)
Jammu and Kashmir and Ladakh High Court has held that if petitioner challenges detention order even before it was executed, it is not open for them to.....
Tags : Jammu and Kashmir and Ladakh High Court, Detention Order, Execution
SC Put Stay on Execution Of Rape Convict, Murderer Of 5-Year-Old(30.03.2016)
SC has stayed execution of man, who was to be hanged on Wednesday for raping and killing a five-year-old last year in Madhya Pradesh and sought respon.....
Tags : SC, Rape Convict,stayed execution
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
SC: Mechanical Compliance of Stipulations U/Sec 63 Succession Act Does Not Prove Execution of Will(29.11.2021)
Supreme Court has observed that mechanical compliance of stipulations under Section 63 of the Indian Succession Act, 1925, does not prove the executio.....
Tags : Supreme Court, Execution of Will
Delhi HC Seeks Response on Functioning of Committee for Execution of Recovery Certificates(29.11.2021)
Delhi High Court has sought the response of Delhi Government on the functioning of a committee set up for implementing the directions issued for execu.....
Tags : Delhi High Court, Execution of Recovery Certificates
SC Dismisses Plea Challenging Constitutionality of Execution of Death Penalty by Hanging(02.03.2020)
Supreme Court has dismissed a Petition filed by an 88-year old freedom fighter challenging the constitutional validity of Section 354(5) of the Code o.....
Tags : Delhi Court, Constitutionality of Execution of Death Penalty
JKL HC: Ex-Facie Illegality Required to Challenge Preventive Detention Order at Pre-Execution Stage(16.12.2022)
Jammu and Kashmir and Ladakh High Court has held that a preventive detention order can be challenged at the pre-execution stage, provided the petition.....
Tags : Jammu and Kashmir and Ladakh High Court, Preventive Detention, Pre-Execution Stage
SC: Execution Petitions Must be Disposed of Within Six Months(21.11.2022)
Supreme Court has held that execution petitions must be disposed within six months from the date of filing and observed that Execution Court is duty b.....
Tags : Supreme Court, Execution, Dispose Of
Del HC: Not More Than 3 Months Jail to be Given in Execution Petition for Recovery of Maintenance(05.02.2024)
Delhi High Court has held that a person cannot be sent to jail for more than three months, in case of non-payment of arrears of maintenance to the spo.....
Tags : Delhi High Court, Execution Petition, Recovery of Maintenance
Ker HC: Writ Jurisdiction Under Article 226 of Constitution Can’t Be Invoked For Execution of Decree(16.02.2024)
Kerala High Court has held that for execution of a decree, writ jurisdiction under Article 226 of the Constitution of India cannot be invoked when the.....
Tags : Kerala High Court, Writ Jurisdiction, Article 226 of Constitution, Execution of Decree
Delhi HC: Presence at Preferred Jurisdiction Material Fact for Execution of Maintenance Order(23.12.2021)
Delhi High Court has observed that the presence of a person at preferred jurisdiction at the time of application for maintenance against him under Sec.....
Tags : Delhi High Court, Execution of Maintenance Order
AP HC: Executing Court Cannot Appoint Advocate Commissioner in Execution Proceedings(09.02.2022)
Andhra Pradesh High Court has ruled that the Executing Court cannot appoint Advocate Commissioner in execution proceedings after the trial court has a.....
Tags : Andhra Pradesh High Court, Execution Proceedings
Delhi HC Asks DMRC to Provide Details of Bank Account, Fixed Deposits in Execution Plea by DAMEPL(15.02.2022)
Delhi High Court has directed Delhi Metro Rail Corporation (DMRC) to give details of funds in its bank account as well as the fixed deposits on a plea.....
Tags : Delhi High Court, Execution Plea by DAMEPL
Delhi HC Dismisses Execution Plea by Decree Holder for Arbitral Award(31.01.2022)
Delhi High Court has dismissed an execution petition filed under Section 36 of the Arbitration & Conciliation Act, 1996 by a Decree Holder for an arbi.....
Tags : Delhi High Court, Execution of Arbitral Award
Karnataka HC: Can’t Direct Husband With 75% Disability to Pay Maintenance to Wife(12.04.2024)
Karnataka High Court while setting aside an order of the execution court has held that a husband with 75% disability cannot be directed to pay mainten.....
Tags : Karnataka High Court, Execution Court, Maintenance, 75% disability
Allahabad HC: In Execution Proceedings, Challenge Cannot be Made to Arbitral Award u/s 47 of CPC(18.04.2024)
All. HC has held that in execution proceedings under Section 36 of Arbitration and Conciliation Act, 1996, questions to be decided are limited to matt.....
Tags : Allahabad High Court, Execution Proceedings, Arbitral Award, Section 47
Stay of Execution of Decree Pending Suit Shall Be Granted Only in Exceptional Cases: Chhattisgarh HC(24.09.2018)
Chhattisgarh High Court has observed that stay of execution of decree pending suit between decree-holder and judgment-debtor shall be granted only in .....
Tags : Chhattisgarh High Court, Stay of Execution
SC: Executing Court must Dispose of Execution Proceedings Within 6 Months from Filing Date(28.04.2021)
Supreme Court has observed that an Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be e.....
Tags : Supreme Court, Execution Proceedings
SC Directs High Courts to Reconsider and Update Rules Relating to Execution of Decrees(28.04.2021)
Supreme Court has directed the High Courts to reconsider and update all the Rules relating to Execution of Decrees, made under exercise of its powers .....
Tags : Supreme Court, Execution of Decrees
NCLAT: No Bar in Pendency of Execution Proceedings u/s 9 IBC(07.04.2022)
National Company Law Appellate Tribunal has observed that the pendency of an execution petition does not bar the operational creditor from filing a pe.....
Tags : National Company Law Appellate Tribunal, execution petition, Section 9 of the Insolvency and Bankruptcy Code, 2016
Allahabad HC: Application U/S 47 CPC is Not Maintainable in Execution Proceedings(31.05.2022)
Allahabad High Court has ruled that an application under Section 47 of the Code of Civil Procedure, 1908 (CPC) is not maintainable in the execution pr.....
Tags : Allahabad High Court, Arbitration, execution
Supreme Court: Execution Petition Filed Without Certified Copy Of Decree Valid(16.07.2019)
Supreme Court has held that the High Court was not right in holding that in the absence of a formal decree not being drawn or/and filed the decree hol.....
Tags : Supreme Court, Execution Petition
SC: On Execution of Agreement to Sell and Payment of Advance, Vendee Not Required to Prove Further(15.04.2022)
Supreme Court has held that once the execution of agreement to sell and payment of advance substantial sale consideration is admitted by the vendor, t.....
Tags : Supreme Court, Execution of Agreement, Vendor, Vendee, Proof
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
Execution Petition Within 12 Years of Appellate Court Judgment Won’t be Barred by Limitation: SC(29.10.2018)
Supreme Court has held that an execution petition filed within 12 years of the high court judgment affirming the decree passed by the trial court woul.....
Tags : Supreme Court, Execution petition
SC: Execution Court Can Entertain Application u/s 28 of Specific Relief Act(05.09.2024)
SC has held that an application under Section 28 of Specific Relief Act, 1963 either for rescission of contract or for extension of time, can be enter.....
Tags : Supreme Court, Execution Court, Rescission of Contract
SC: Can’t Fix Time-Line for Disposal of Execution Matter as Judges of Bombay HC are Overburdened(07.10.2024)
Supreme Court has observed that, considering the fact that the judges of the Bombay High Court are overburdened direction to fix a time-line for dispo.....
Tags : Supreme Court, Bombay High Court, Execution Applications
Notifications & Circulars
Courier Bond executed relating to Customs Cargo Service Provider(31.08.2016)
In Board's Circular no. 32/2013-Customs dated 16.08.2013, wherein, with regard to Regulation 5(1)(iii) of the Handling of Cargo in Customs Area Regula.....
Tags : Bonds, Execution, Cargo Service Provider
Clarification regarding bank guarantee requirement for bond executed by EOUs(14.08.2018)
1. Various representations have been received regarding difficulties faced by EOUs with respect to requirements of bank guarantees in view of Circular.....
Tags : Clarification, Bank guarantee, Bond, Execution
Systemic improvements regarding modification in the bond (B-17) Execution process(03.02.2021)
In case of EOU/EHTP/STP, a single all-purpose bond was notified vide notification no. 06/98-C.E.(N.T.), dated 02.03.1998. This bond is called B-17(Gen.....
Tags : Bond, Execution process
Execution of 'Demat Debit and Pledge Instruction' (DDPI) for transfer of securities towards deliveries/settlement obligations and pledging/re-pledging of securities-Clarification(06.10.2022)
1. SEBI vide circular no. SEBI/HO/MIRSD/DoP/P/CIR/2022/44 dated April 04, 2022, issued guidelines regarding execution of 'Demat Debit and Pledge Instr.....
Tags : Execution, DDPI Transfer, Securities
Execution of Power of Attorney (PoA) by the Client in favour of the Stock Broker / Stock Broker and Depository Participant(27.08.2020)
1. SEBI, vide circular no. CIR/MRD/DMS/13/2010 dated April 23, 2010, issued Guidelines for execution of Power of Attorney (PoA) by the client favourin.....
Tags : Execution, PoA, Stock Broker
Judgments
A charge of malafides has to be made out with great clarity and particularity(06.09.2016)
Present appeal is filed by successful purchaser at an auction held in execution of an order of the Assistant Registrar of Cooperative Societies passed.....
Tags : Enactment, Repeal, Execution, Continuation
“Venue of Arbitration proceedings” need not essentially be a place where “seat of arbitration” is located”(23.03.2017)
In facts of present case, pursuant to award passed by Arbitrator in favour of Respondent/decree holder, an execution petition was filed before Court b.....
Tags : Award, Execution, Jurisdiction
It is the duty of the first appellate court to scan evidence on record and pleadings and answer all issues(29.03.2018)
The case of the Plaintiff is that, he is the natural born son of Ekadasi Sahu. He was adopted by Naran Sahu. On 8th August, 1966, Naran Sahu executed .....
Tags : Deed, Execution, Right
Burden of proof to establish that transaction was entered into by pardanashin lady, after clearly understanding its nature, rest upon person who seeks to sustain a transaction(30.04.2018)
In instant case, Defendant No. 1 is the Appellant against a confirming judgment. Plaintiffs-Respondent Nos. 1 and 2 instituted the suit for declaratio.....
Tags : Gift deed, Execution, Fraud
A person approaching Court for redressal of grievance must place all relevant facts before Court clearly without any reservation even if those facts were against him(29.03.2019)
In Complaint case, it was stated that, Appellant/Complainant booked two units in Block-C in Commercial Complex project named "Conscient One" which was.....
Tags : Execution, Agreement, Possession, delivery
When right, title and interest was being created in immovable property exceeding value of Rs. 100, award was required to be duly registered(10.06.2019)
In present case, dismissal of the execution proceedings seeking to execute an award passed by an Arbitrator on the ground that, said award was unregis.....
Tags : Award, Execution, Registration
Court can make adjudication on admitted facts, while deciding objections in an execution petition(28.05.2019)
In present case, Respondent-Kali Dass filed a suit for permanent prohibitory and mandatory injunction against present Petitioner. Said suit was decree.....
Tags : Decree, Execution, Objection
Claims raised by an obstructer including questions relating to right, title or interest in the property has to be adjudicated upon by the Executing Court(06.12.2021)
The BDA has preferred the present appeals feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court, by which the High Co.....
Tags : Execution proceedings, obstructer, Adjudication
High Court having an ordinary original civil jurisdiction can also execute foreign decree under Section 44A of CPC(28.01.2022)
The Appellant/decree holder has challenged the judgment of the Division Bench of the High Court relegating to file a petition for execution of a money.....
Tags : Jurisdiction, Execution, Foreign Decrees
Mere writing a document by hand without execution and without compliance of the prescribed legal standards does not render it final, as a Will(08.08.2022)
By virtue of instant appeal, Appellant impugns the preliminary decree of partition and the final decree of partition passed by Learned Single Judge. L.....
Tags : Will, Execution, Proof
Decree of court of law being sacrosanct, execution thereof not to be thwarted on mere asking and on purported grounds having no bearing on executability thereof(21.03.2017)
The subject matter of impeachment is the order rendered by High Court of Judicature at Madras, thereby rejecting prayer of Appellant/plaintiff/decree-.....
Tags : Decree, Execution, Proceeding
Unless the concurrent findings recorded by the lower courts were found to be perverse, the same are not required to be interfered with by the High Court(14.10.2022)
The Appellant– original Plaintiff instituted the suit against the Respondent – original defendant for recovery of Rs. 1 lakh. It was the case on behal.....
Tags : Pronote, Execution, Proof
Court cannot tweak the terms of the tendering process set by an expert(12.10.2022)
The present Judgment will dispose of two Writ Petitions seeking the issuance of the writ of mandamus directing the Municipal Corporation of Delhi ("Re.....
Tags : Agreement, Execution, Direction
Courts, while exercising jurisdiction under Article 226 of the Constitution of India cannot annul the registered document on the ground of fraud and misrepresentation(03.03.2023)
The present writ petition has been filed for issue a writ of Mandamus directing the Respondent No. 4 to immediately cancel the impugned conveyance dee.....
Tags : Conveyance deed, Execution, Legality
If the Judgment debtor has intimated the decree holder and award amount is available for withdrawal unconditionally, the liability of judgment debtor would cease on the date of deposit(04.09.2023)
By way of present Execution Petitions filed under Section 36 of the Arbitration and Conciliation Act, 1996 ('the A&C Act') read with Order XXI Rule 1 .....
Tags : Award, Execution, Interest
Will can be suspected only if substantial changes introduced to it by the cuttings and overwriting present on it(17.11.2023)
The present petition has been filed under Section 276 of the Indian Succession Act, 1925 seeking grant of probate of the Will dated 27th September, 20.....
Tags : Will, Execution, Grant
An under-raiyat is prohibited from transferring his interest as under-raiyat in any land though this interest is a heritable interest(08.12.2017)
Ramkrishna Datta, Dhirendra Chandra Ghosh and Lalit Mohan Ghosh, filed a suit in the trial court for declaration of their title on the suit land with .....
Tags : Sale deed, Execution, Raiyat, Rights
Only because signature of one of parties is missing in a document, it cannot be concluded that such person did not join in execution of instrument(10.04.2018)
The question arises in present appeal is, as to whether a registered sale deed which does not bear signature of the vendor at the place where his name.....
Tags : Sale Deed, Execution, Validity
Once execution of agreement to sell and payment of sale consideration is admitted by vendor, nothing further is required to be proved by vendee(11.04.2022)
The Appellant herein original plaintiff has preferred the present appeal against impugned judgment and order passed by the High Court, by which the Hi.....
Tags : Specific performance, Agreement, Execution
Adjudicatory proceedings before Tribunal will not be affected by the provisions in the Companies Act(07.09.2017)
In present matters, execution applications have been filed and are pending. Matters are against S. Tel Pvt. Ltd. which is facing liquidation proceedin.....
Tags : Execution proceedings, Jurisdiction
Validity of a decree can be challenged before an executing court only on ground of an inherent lack of jurisdiction which renders the decree a nullity(15.12.2017)
In 2002, a suit was instituted by the Respondents for a permanent injunction, alleging that the Defendants to the suit were threatening to interfere w.....
Tags : Decree, Execution, Jurisdiction
When there is a conflict between law and equity, it is the law which has to prevail(28.12.2017)
Instant appeal is filed by the Appellants-original Respondents against an oral order passed by the learned Single Judge in Special Civil Application, .....
Tags : Decree, Execution, Delay
‘Undue influence’ in execution of a contract cannot be inferred merely because a family member was looking after his family elder(11.09.2019)
In present matter, the Plaintiff and Defendant No. 2 are brothers. Defendant No. 1 was the wife of Defendant No. 2. Respondents Nos. 1 to 3 are sons o.....
Tags : Sale deed, Execution, Undue Influence