<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2003 (8) TMI 364 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=108288</link>
    <description>An executing court cannot disregard a compromise decree or narrow its effect by omitting clarificatory words where the decree is expressly recorded in terms of the compromise. The Supreme Court held that, under Order 23 Rule 3 CPC, the compromise deed may be read to ascertain the rights declared by the decree, and the court in execution must give effect to that tenor without travelling beyond it. Because the compromise expressly provided for interest with half-yearly rests and the decree did not clearly and consciously depart from that term, the objection to execution was unsustainable and the decree remained executable according to the compromise.</description>
    <language>en-us</language>
    <pubDate>Tue, 26 Aug 2003 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 21 Oct 2014 14:35:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=145305" rel="self" type="application/rss+xml"/>
    <item>
      <title>2003 (8) TMI 364 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=108288</link>
      <description>An executing court cannot disregard a compromise decree or narrow its effect by omitting clarificatory words where the decree is expressly recorded in terms of the compromise. The Supreme Court held that, under Order 23 Rule 3 CPC, the compromise deed may be read to ascertain the rights declared by the decree, and the court in execution must give effect to that tenor without travelling beyond it. Because the compromise expressly provided for interest with half-yearly rests and the decree did not clearly and consciously depart from that term, the objection to execution was unsustainable and the decree remained executable according to the compromise.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Tue, 26 Aug 2003 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=108288</guid>
    </item>
  </channel>
</rss>