Showing : 61-70 of 1233 Results

KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Objection by sub-tenants - Enquiry U.O.21.R.97 CPC - Sub-tenants have no independent right or title - Their interest is only under JD - Executing Court not required to hold enquiry, as only if obstructor has semblance of right, interest or title superior to that of DH..........
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..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101-- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree is not..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 64, 90-- Execution - Auction sale - Sale conducted ignoring the mandatory provision of O.21.R.64 CPC - Sale is without jurisdiction - For that leave about the bar of limitation to file application after 2 months U.O.21.R.90 CPC, as it is not applicable...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Execution - Auction sale - Setting aside - Mere fact that earlier JD or somebody to the attachment of property raised objection and petition was dismissed for default, is not a bar to impugn the sale...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58, 90-- Execution - Right of auction purchaser (be it DH/auction purchaser or third party auction purchaser) - Arises only on confirmation of sale and till then, his right is nebulous and has only a right to consider for confirmation of sale...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Execution - Auction sale - Setting aside - For invoking of provisions O.21.R.90 CPC, there must be plea and proof as to injury suffered by objectors to auction sale (be it JD or any person claiming through or otherwise) in showing the said sale arising out of alleged material irregularity or..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Execution - Auction sale - Setting aside - Keeping JD totally ignorant of execution proceedings, vitiates the sale...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 64, 90-- Execution - Auction sale - Setting aside - Distress sale cannot be considered as fraudulent, much less to attribute anything of fraud and collusion between DH and auction purchaser in the absence of showing anything by JD...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Objections - Petitioner at no point of time challenged ex parte decree passed against him in regular appeal, despite receiving information regarding on going proceedings - Rather, in execution proceedings, petitioner has chosen to file his objection, which was turned..........

Showing : 61-70 of 1233 Results