Showing : 91-100 of 485 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Tenancy of defendant lawfully terminated - Defendant having failed to vacate within statutory period, is liable to be evicted - Rent Act not applicable as 10 years have not passed since the date of its construction - Plaintiff, held, entitled to decree of possession...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - All the questions arising between the parties to the suit settled upto the highest Court - J.D. bent upon coercing D.H. for not obeying the order of Court - J.D. portrays that he intends to obey the decree of Court, but, in fact, is obeying the decree by defiance and wants..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 47-- Execution - Objections - Decree of specific performance - DH/vendee did not deposit the balance amount within time, nor he filed any application for making deposit or extension of time for deposit of balance amount - Even no explanation has been given for the same - Decree of specific performance..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Dismissal - Appeal not maintainable against dismissal of objections u/s 47 CPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Framing of issues - Decree of possession - Plea of renewal of tenancy by accepting rent - Mode and manner qua tendering of rent not specifically pleaded in objections - Held, framing of issues beyond pleadings and allowing opportunity to lead evidence beyond pleadings is..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35-- Execution - Objections - J.D. by repeated applications obstructing and frustrating execution of decree - J.D. creating unwarranted hurdles in the execution of decree - Held, making of such repeated applications, particularly frivolous applications, is certainly not the right of any J.D. -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Compromise decree - Objection - Once the compromise decree is clear and unambiguous and the same has attained finality, executing Court cannot traverse beyond the said decree unless the same is a nullity or without jurisdiction - Court below committed error by allowing application u/s..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection - Executing Court can allow objection u/s 47 CPC to the executability of decree, if it is found that same is void ab initio and nullity, apart from the ground that decree is not capable of execution under law either because the same was passed in ignorance of such a provision..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47- - Execution - Sale - Proceedings coming to an end - If the purchaser is already in possession of property, there is no question of his filing an application for delivery and in such cases execution proceedings cannot be continued after sale - Only if it is necessary to deliver the property pursuant..........

Showing : 91-100 of 485 Results