Showing : 61-70 of 1349 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 21, Rule 22-- Execution - Application for production of secondary evidence - Petitioners did not aver that the pre-conditions set out in S.66 of Evidence Act to produce secondary evidence were satisfied and originals of documents in issue were lost - No affidavit was filed in support of application - Further,..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 15-- Execution - Joint decree holders - One decree holder can file execution application for the benefit of all others...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 34-- Execution - Presentation of document for registration - Suit for specific performance - Once the document is presented for registration, executing Court ought to allow the authority under Registration and Stamps Acts to discharge their duty and function...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 34-- Execution - Presentation of document for registration - Suit for specific performance - Executing Court presents document for and on behalf of judgment debtor - Merely because the document is presented by Court, Sub-Registrar is not under obligation to mechanically accept such document for..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- Auction sale - Proclamation - Material mis-description of property in a sale proclamation would vitiate sale...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- Auction sale - Proclamation - Joint property - Undivided share or right or interest of JD in joint property can be sold - But a specified portion of a property cannot be sold in execution sale describing it as share of JD...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- Auction sale - Proclamation - Joint property - An undivided share of a co-owner of a property may be subject matter of sale - But a definite piece of joint property cannot be sold in execution sale describing it as share of JD - Purchaser cannot be put into possession of property unless property..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Section 47-- Attachment - Objections - Adjudication of claims to property - Adjudication continues till the appeal or second appeal is finally disposed of and is not confined to the first tier...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Section 47-- Attachment - Objections - Adjudication of claims to property are appealable - O.21.R.58(2) is akin to S.47 CPC and a separate suit is barred in both cases...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 1-- Restoration/revival of execution petition - Execution petition dismissed for no, prosecution - Application u/s 151 CPC filed for taking up previous file - Evidence available on file establishes that first execution petition was restored - Application for restoration/revival of execution petition..........

Showing : 61-70 of 1349 Results