#executing court

Executing Court cannot travel beyond the Order or Decree under Execution

SUPREME COURT OF INDIA | N. V. Ramana, Mohan M. Shantanagoudar & Ajay Rastogi, JJJ. C.A. No. 7800 of 2014 13-09-2019

S. Bhaskaran v. Sebastian

The Code of Civil Procedure, 1908 – Section 47 – An executing court cannot travel beyond the order or decree under execution.

In the present case, the Trial Court had already considered the evidence on record and given a finding that the…

Contempt Petition; Rajat Kanodia Vs. R. D. Chaudhary [Supreme Court of India, 21-09-2015]

Contempt Petition – Executing Court – the parties shall approach the Executing Court so as to bring an end to the dispute and if they feel proper, they may also make a request to the Court for sending them for mediation. Contempt Petition 2016 (1) SCALE 276 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION [ANIL R. DAVE] AND [ADARSH KUMAR GOEL] JJ. 21st September, 2015 CONTEMPT PETITION…

Executing Court; Jurisdiction and Powers

The Supreme Court of India in Shivshankar Gurgar Vs. Dilip; AIR 2014 SC 1182 : (2014) 2 SCC 465 : 2014 (1) SCR 18 : JT 2014 (1) SC 611 : 2014 (1) SCALE 52 held that payment or deposit of rent into court by judgment debtor (tenant) is contemplated only during the pendency of suit for eviction or an appeal (by the tenant) against a decree or order of eviction, it has no application to the…

Whether executing Court can receive preliminary decree before final decree made ?

The Supreme Court of India on Monday, March 20, 1995 in Shankar Balwant Lokhande (Dead) by Lrs.Vs. Chandrakant Shankar Lokhande, AIR 1995 SC 1211 : 1995 (2) SCR 776 : (1995) 3 SCC 413 : 1995 (2) SCALE 318 : JT 1995 (3) SC 186 held that mere giving of a direction to supply stamped paper for passing a final decree does not amount to passing a final decree.

Final Decree

A bench comprising of…