Madras High Court rules that directors of a company cannot be arrested in execution proceedings for a decree against the company without proper legal process and means inquiry under Order XXI CPC.
Kerala High Court holds that execution sale cannot extinguish prior equitable mortgage rights; auction purchaser takes property subject to existing mortgage lien.
Madhya Pradesh High Court holds that cheque tender under compromise decree is valid payment if not dishonoured, rejecting demand for cash or interest not stipulated in order.
Rajasthan High Court holds that an injunction decree lacking precise specifications of the restrained act is inexecutable; attaching property without clear adjudication violates CPC principles.
Madhya Pradesh High Court holds that res judicata does not apply when different parties file applications with distinct scopes in execution proceedings under CPC Order 26 Rule 9.
Bombay High Court cautions financial institutions against over-litigating small debts, emphasizing credit assessment and security before lending. Key guidance on execution strategy.