Showing : 1-10 of 71 Results

PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 1-- Appointment of receiver - Partition suit - Death of Receiver appointed by Court - Family of receiver using the property since the death of receiver - It is thus, just and convenient to appoint son of receiver as receiver - Direction issued...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O-- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10-- Territorial jurisdiction - Cause of action - Recovery suit - Execution of loan agreement and default in payment of EMIs under loan agreement arrived at within jurisdiction of trial Court - Place where contract is executed and payments were made, form a part of cause of action - Trial Court is..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 145-- Proceedings u/s 145 Cr.P.C. - Attachment of property - Attachment order was stayed by Revisional Court and was kept in abeyance for three years - Petitioners were in possession of disputed property and are reported to be residing therein - No untoward incident involving breach of peace occurred in..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - However, even after final decision, Court has discretion to take further assistance of Receiver as and when need arises - In the instant case decree put to execution - Executing Court while executing..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - In the instant case High Court holding that Receiver shall be deemed to have been discharged after dismissal of first appeal by High Court, followed by dismissal of Special Leave Petition by Supreme..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Appointment of Receiver - Whenever a Receiver is appointed during pendency of suit or appeal, prime objective is to preserve the property by taking possession or otherwise and to keep an account of rent and profits that may be realized by Receiver and to submit it before the Court till lis is..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31-- Transfer of case - High Court has no jurisdiction to pass orders and give directions to Court Receiver for sale of property in public auction after establishment of DRT Act as proceedings are automatically transferred to DRT - Action of Court Receiver is void ab initio in law - Order of DRT and..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A-- Consent decree - Setting aside - Fraud - Respondent No.1 in collusion with third party obtained consent decree by practicing fraud upon Court in respect of suit premises - Since no authority had been given to respondent No.1 to execute the power of attorney in favour of third party on behalf of..........

Showing : 1-10 of 71 Results