Search Results for Tag : execution petition

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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

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

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: 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

SC Directs HCs to Call for Information Regarding Pendency of Execution Petitions in District Courts(07.03.2025)

SC has directed HCs to call for necessary information from their respective district judiciary regarding pendency of execution petitions. The HCs shal.....

Tags : Supreme Court, Execution Petitions, District Courts

AP HC: Can’t Entertain Second Execution Petition When First Petition was Dismissed(26.03.2025)

Andhra Pradesh High Court has held that if the first petition for enforcement of an award has been rejected on merits then the second execution petiti.....

Tags : Andhra Pradesh HC, Second Execution Petition, First Petition

AP HC: Insurance Company Can File Execution Petition Only after Paying Compensation to Claimant(27.03.2025)

Andhra Pradesh High Court has observed that execution petition can be filed by the insurance company against the owner of an offending vehicle only af.....

Tags : AP High Court, Execution Petition, Compensation

SC: Satisfaction Recorder in One EP Won’t Affect Subsequent EPs for Future Breaches(19.05.2025)

Supreme Court has observed that a satisfaction recorded in one Execution Petition would not result in the dismissal of a further Execution Petition fi.....

Tags : Supreme Court, Execution Petition, Subsequent Interference

SC: In Execution Petition, Decree-Holder Must Prove Violation by Judgment Debtor(12.11.2025)

Supreme Court held that a decree cannot be executed on mere presumption. It clarified that the burden lies on the decree-holder to establish that the .....

Tags : Execution Petition, Judgment Debtor, Burden

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