Showing : 231-240 of 1159 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1, Motor Vehicles Act, 1988, Section 18-- Execution of award of claims tribunal under Motor Vehicles Act - Award passed by claims tribunal is to be treated as a money decree - Executing Court is competent to invoke the beneficial provision of O.21.R.1 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Execution - Amount deposited by J.D. - To be appropriated as per the direction of Court - In the absence of any such direction, amount is adjusted firstly towards interest then towards costs and subsequently towards principal amount due under the decree...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14, Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101-- Eviction - Execution proceedings - Frivolous objections - Landlord sought eviction on grounds of no, payment of rent and subletting - Petitioner was inducted as sub-tenant by respondent Nos.2 and 3 - Neither any detail inquiry was required to be held nor parties were required to be permitted to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 48-- Execution - Money decree - Attachment of salary of one of judgment debtors - Decree holder can proceed against any one of judgment debtors and he is not required to proceed against principal borrower at the first instance...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Auction sale - Sale of property attached in execution proceedings must be only to the extent which is needed to liquidate the obligation under the decree - This, in fact is the mandate of O.21.R.64 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 68, 90-- Auction sale - Setting aside - It is mandatory that sale proclamation shall indicate the value furnished by decree holder and judgment holder as well as by court ascertaining from the office of Sub-Registrar - Non-compliance with such requirement of O.21.R.68 CPC would be fatal to execution..........

Showing : 231-240 of 1159 Results