Showing : 221-230 of 1155 Results

BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Objections - If executing Court refuses to entertain any claim or objection in view of provisions of O.21.R.58(5) CPC, remedy of such party whose claim or objection is refused by executing Court U.O.21.R.58(1) proviso CPC, would be to file a suit to establish the right which such..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1, 2-- Execution - Payment of decretal amount - Issuance of receipt - Proof of - Merely because handwriting and fingerprint expert had been produced by JD in addition to his witnesses, it cannot be said that receipt in question stood proved particularly when they did not remember the correct date of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Application cannot be allowed in part allowing withdrawal of suit and declining liberty to file fresh suit as it amounts to dismissal of suit itself...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Arrest and detention in civil prison - No notice to show cause against arrest and detention in civil prison can be issued to judgment debtor if no warrant of arrest at all could be issued even at a later point of time...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 56, Order 21, Rule 37-- Arrest and detention in civil prison - Notice to show cause U.O.21.R.37 CPC cannot be issued in terrorem in order to frighten the judgment debtor who is a woman to squeeze out money from her when she enjoys protection against her arrest and detention - It is immaterial as to whether judgment..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 7, Order 21, Rule 97-- Execution - Third party objections - In execution proceedings of a decree of eviction passed by Small Causes Court the provisions of O.21.Rr.97, 99, 103 CPC are applicable entitling third party to resist the execution...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 32(1)-- Execution - Decree of injunction - Order of arrest - Provision of O.21.R.32(1) CPC is penal in nature and decree holder has to prove the existence of ingredients of the provision with cogent and convincing evidence - Executing Court however erroneously thrown burden on Judgment debtor completely -..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Eviction decree - Execution - Subsequent purchaser - It is not necessary that decree holder should assign the decree in favour of subsequent purchaser - Subsequent purchaser who purchases the property in respect of which decree has been passed acquires the right to execute the decree and recover..........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Execution - If earlier execution petition was dismissed as not pressed, the subsequent execution petition cannot be treated as revival or continuation of earlier execution petition...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 92, Limitation Act, 1963, Article 127-- Auction sale - Setting aside sale on deposit - Limitation to deposit - O.21.R.89 CPC does not prescribe any period either for making the application or the required deposit - Art.127 of Limitation Act prescribes 60 days as the period within which such an application should be made - Held, in the..........

Showing : 221-230 of 1155 Results