Showing : 21-30 of 55 Results

CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 38,39-- Execution of decree - (as inserted by amendment), O. 21, R. 3 and 48 - Jurisdiction - Held, as per S.39 there is no scope of exercising the jurisdiction for execution at the instance of original Court which passed the decree if the person or the property, as the case may be, against which the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Execution petition closed - Application for amendment - Maintainability - Held, question of seeking amendment by filing an application U.O.6.R.17 CPC, whether in a suit, or in an execution petition, after the proceedings are terminated does not arise - It is only when the suit or..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Execution petition - Amendment - Title suit decreed - Execution petition for execution of decree filed - Plaintiff/Decree Holder sought amendment for substituting name of one of parties as there was error in mentioning name of party - Amendment allowed vide impugned order - Held, impugned order..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - After amendment of CPC in 1976 if a suit challenging a decree of possession of property is entertained before commencement of the execution proceedings, and if the execution of that decree has ended in a Court sale or the plaintiff is already dispossessed, the claim raised has to be..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Land Acquisition Act, 1894, Section 4, 30, Civil Procedure Code, 1908, Section 151, 152-- Land acquired and award passed - Reference decided - Finally High Court granted solatium at 15 percent and interest at 6 percent per annum which became final and binding as no appeal was filed in Supreme Court - Subsequently decree holders filed civil miscellaneous application u/ss 151 and 152 CPC..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 1, 2, 11, 12, 13, 14, 17, Limitation Act, 1963, Article 136-- Execution - New item of property - Amendment of execution application or an application containing an alternative mode of execution or proceeding against a new item of property not already included in the pending execution petition - It is a fresh application for execution and is governed by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Two suits for specific performance by two different persons, qua the same land, on the basis of agreement to sell in their favour - Second suit decreed during the pendency of first suit - Sale deed executed in pursuance of decree - First vendee sought amendment in the plaint..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Stamp Act, 1899, Section 47A, 19B(4)-- Proviso (as amended by State of Tamil Nadu) - Limitation to recover deficit stamp duty in respect of registered sale instrument - Sale deed registered in State of Kerala on 1.2.1990 in respect of land situated in Tamil Nadu - Sale deed came to notice of Registrar in State of Tamil Nadu on..........
GAUHATI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for partition of ancestral property - Suit land belonged to predecessor-in-interest of parties - After filing suit, information as regards execution of registered Will in favour of husband of defendant, came to the knowledge of plaintiff who by amendment wanted to..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Description of property - Inspite of a plea in the written statement that suit premises is not correctly described, yet the plaintiff proceeded with the trial of the suit and did not take care to seek amendment at an early stage - However, proposed amendment is necessary for..........

Showing : 21-30 of 55 Results