Supreme Court of India
Maurice W. Innis v. Lily Kazrooni @ Lily Arif Shaikh
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above case laws, the Executing Court has to strictly conform to the decree under execution and if the decree provides for reciprocal obligations, it must ensure compliance of those conditions by both the parties in pith and substance, unless the decree is a nullity which is not the case herein.
Judgment, page 8
From the headnote
Issue for Consideration Issue pertains to the execution of a compromise decree passed in a civil suit; and whether the executing court can go beyond the decree and has to execute the decree as it stands without making any modifications therein. Headnotes† Code of Civil Procedure, 1908 – s.47 – Questions to be determined by the Court executing decree – Execution of a compromise decree passed in a suit – Defendant-respondent became decree holder and the plaintiff-appellant became judgment debtor – Executing Court in the execution petition modified the compromise decree by varying the area
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