Showing : 271-280 of 1253 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Article 127-- Auction sale - Setting aside - Condonation of delay - Application to set aside sale U.O.21.R.89 CPC is governed by Art.127 of Limitation Act - S.5 of Limitation Act has no application for condoning a delay in making such application...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Attachment - Objections - Not mandatory to frame issues and to allow parties to lead evidence - If from documentary evidence fact situation becomes crystal clear then court is not required to record formal or oral evidence while determining objections U.O.21.R.58 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 13, 54-- Execution - Attachment order - It is implied that executing court has to satisfy itself before passing of order of attachment that judgment debtor had any share or interest in property to be attached, otherwise question of judgment debtor transferring or charging property in any way as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Execution - Assignee or transferee - Decree can be executed subject to some conditions as if application had been made by D.H...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Calculation of amount to be deposited by JD - Challenge to - High Court found calculation in order but chose to give one opportunity to judgment debtor to deposit the amount - Held, exercise of discretion by High Court cannot said to be erroneous or contrary to Law - No interference is called for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Transfer of Property Act, 1882, Section 52-- Execution - Objections - Transferee pendente lite has no right to resist or obstruct execution of decree - Resistance at the instance of such person/transferee or obstruction by a person on the basis of such right is not entitled to claim adjudication, rather it is a mere attempt just to delay the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Execution - Objections - Framing of issues - When on its face, objections are found to be frivolous, no issues are required to be framed...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Third party objections - Objectors claiming to be tenants of erstwhile decree holder - Objections have to be decided by the Executing Court which has jurisdiction to decide such questions - Executing Court cannot deny an opportunity to the obstructor to lead oral or documentary..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Injunction decree - Violation of decree - Once decree is violated it requires to be enforced - Decree can be enforced by : (i) Detention of J.D. in civil imprisonment; (ii) attachment and sale of property of J.D. and civil imprisonment; (iii) Court can issue directions to J.D. to remove the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 57, Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - O.21.R.57, CPC does not apply to attachment before judgment U.O.38.R.5 CPC - However, in the absence of any such attachment, it is always open to decree holder to enforce the decree obtained by him against the house property of judgment debtor in execution proceedings...........

Showing : 271-280 of 1253 Results