Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Specific Relief Act | Execution Court Can Entertain Application Under S.28 Provided It's The Court Which Passed The Decree : Supreme Court
The Supreme Court clarified that under the Specific Relief Act, an execution court has the jurisdiction to entertain an application under Section 28, provided that it is the same court that passed the original decree. The case concerned a dispute over the execution of a specific performance decree, where the appellant sought relief under Section 28. The court emphasized the importance of the same court handling both the decree and the execution to ensure consistency and proper interpretation of the decree. This ruling reinforces the procedural clarity required in execution proceedings, ensuring that the courts follow a structured approach in handling applications related to specific performance decrees.