Showing : 131-140 of 1233 Results

BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 64-- Auction sale - Sale proceeds - Immovable property under auction sale was secured assets of respondent No.2 under Securitization Act, 2002 - Thus, respondent No.2 has valid preferential right to claim sale proceeds for recovery of secured debts - Impugned order directing to make payment of sale..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Violation of decree has to be proved by DH for attracting action in execution of judgment and decree U.O.21.R.32 CPC - Even if, there is no violation of decree as on date in terms of specific instance, that itself will not preclude DH from taking action in terms of O.21.R.32 CPC at a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 47, Order 21, Rule 90-- Suit for declaration of tile - Plea that auction sale is not binding on ground of fraud - Remedy for setting aside sale on ground of irregularity or fraud is by way of filing application U.O.21.R.90, S.47 CPC and not by filing a civil suit...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Disobedience of decree by JD - Proceedings U.O.21.R.32 CPC, are punitive proceedings - JD can be punished only on the basis of positive cogent and reliable evidence in order to prove that JD has intentionally and voluntarily disobeyed the decree passed by trial Court...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Decree for permanent prohibitory injunction - Disobedience of decree by JD - Onus to prove that JD has intentionally and voluntarily disobeyed the decree is upon DH - Having failed to discharge the said onus, JD cannot be held liable for disobeying the decree of trial Court...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Sale - Duty of Court - Only such portion of property that will satisfy decree alone be sold and not entire property...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 64, 97-- Auction - Sale - Right of auction purchaser arises only on confirmation of sale and till then his right is nebulous and has only right to consider for confirmation of sale...........
TRIPURA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97-- Execution - Objections - Issue regarding correction of boundary of suit land already decided by executing Court - No objection was raised by JD - Correctness of facts recorded by a Court of law in a judicial proceeding is sacrosanct and cannot be questioned at a belated stage - JD has absolutely..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Third party objections - Decree for declaration and possession - Petitioner claimed to be owner of suit property by way of Will and contended that boundaries of suit property not mentioned in the plaint - However, record shows that boundaries of suit property are mentioned in the..........

Showing : 131-140 of 1233 Results