Money Decree Archives

Delhi HC stays execution of money decrees in Philips DVD Patent dispute

“The conjecture of number of replicated DVDs is without basis and entirely presumptuous. It is well settled that damages c =annot be fastened on a litigant on the basis of mere presumption.”

Case Briefs Supreme Court

‘Half a century old litigation, we wish it is the knock out round!’ SC holds objections can’t be raised in instalments; Res judicata applicable on execution proceedings

“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution.”

Case Briefs Supreme Court

No bar to amendment of S. 7 IBC petition until final order; Money decree, recovery certificate in financial creditor’s favour gives fresh cause of action to initiate corporate insolvency resolution process: SC

Supreme Court: A Division Bench of Indira Banerjee and V. Ramasubramanian, JJ. held that there is no bar in law to amendment

Case Briefs High Courts

[Negotiable Instruments Act] Ker HC | What determines commencement of period of presentation is date of cheque and not the date of delivery of cheque

Kerala High Court: A Division Bench of A. Hariprasad and T.V. Anilkumar, JJ., while addressing a review petition, reiterated that the relevant date

Case Briefs High Courts

P&H HC | Money decree set aside in absence of evidence to be established actual loss occurred to the plaintiff

Punjab and Haryana High Court: Augustine George Masih, J. upheld the decision of the lower court as there was no evidence on

Case Briefs High Courts

Stay on execution of money decree set aside as Judge imposed ‘lenient conditions’ on judgment-debtor: Bom HC

Bombay High Court: A Single Judge Bench comprising of S.B. Shukre, J. allowed a writ petition filed against the order of District Judge

Case Briefs High Courts

Objector claiming arms length distance from judgment-debtors can’t represent their interest; held “abuse of process of Court”: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Rajiv Sahai Endlaw, J., dismissed an execution first appeal filed against the order