Showing : 1-10 of 158 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58(4)-- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148-- Ready and willingness - If there was no defaulting clause stipulated in decree for payment of balance sale consideration then Court has right to extend time even if balance sale consideration was not deposited within stipulated period - Such extension of time can be ordered without application -..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - Appellants resisted the delivery of possession of property on the ground that they are believers, devotees and worshipers of one Guru, who was a social reformer - Since said Guru was a social reformer and not a avatar of God, it cannot be treated as a deity and his statue..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 92-- Sale not become absolute or irrevocable - Pendency of application to set aside sale or appeal or revision against trial Court's decree till attained finality, right to liquidate mortgage debt by judgment debtor is available, as long as sale is not confirmed - Thus, right can be exercised even..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 34, Rule 5-- Judgment debtor even before confirmation of sale entitled to liquidate mortgaged debt due - Remedy of auction purchaser while seeking refund can insist for payment of interest to compensate for his money which is locked...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99-- Objections U.O.21.Rr.97, 99 CPC by Judgment Debtor - Dismissal - Appeal thereagainst is not maintainable as J.D. is not a third party whereas said provisions apply to third person - Remedy if any was to file revision against the same - Appeal dismissed...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3)-- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad faith..........
KERALA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 225B-- Escape from custody - Judgment debtor - Process server informed judgment debtor about the warrant and demanded to pay the decree debt mentioned in the warrant but he did not pay the amount - Process server arrested him - Thereafter judgment debtor/accused informed that he was not ready to..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Prohibitory injunction - Executing Court may execute the decree for prohibitory injunction by delivery of any property specifically decreed or; by attachment and sale or sale without attachment of the property of the judgment-debtor or; by arrest and detention of judgment-debtor in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 66-- Warrant of arrest - Show cause notice ought to be issued against judgment debtor with regard to payment of decretal amount failing which judgment debtor is liable to be arrested...........

Showing : 1-10 of 158 Results