Showing : 101-110 of 1190 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 64-- Auction sale - Setting aside - Property worth Rs.1 crore sold in auction sale at partly sum of Rs.5,50,000 - Sufficient ground to set aside sale...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58-- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a claim petition...........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58.S-- Execution - Attachment of property - Third party objections - Proper enquiry needs to be conducted in a claim petition filed by a third party and the same cannot be summarily disposed of - Court below dismissed the claim petition not only U.O.21.R.58(1) Proviso (b) CPC but also on merits, without..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution - Warrant of possession with police aid - Not permissible in the first instance - In the first instance only warrant of possession is to be issued which may be by breaking open locks and doors - It is only when there is resistance or obstruction and an application is filed by DH..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 11(2), 105, 106-- Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application - Decree holder can file number of applications for execution of decree, till decree is satisfied...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Execution - Two decree holders out of five have sold their shares to petitioner and petitioner has become entitled to share in suit property to that extent - However, sale of share by two decree holders would not make decree in favour of other decree holders redundant or inexecutable - Indeed,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Auction sale - Delivery of possession - Limitation for filing an application for delivery of possession is one year, which begins to run when sale becomes absolute and not when sale is confirmed...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Section 15(1)-- Auction sale - Delivery of possession - Applicability of S.15(1) of Limitation Act to an application filed U.O.21.R.95 CPC - Question left open...........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - Relevancy of document - Court to form its opinion on the relevancy of document at the time of final judgment of the case...........

Showing : 101-110 of 1190 Results