Showing : 501-510 of 1393 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Property when subject to mortgage or charge then attachment is not required before bringing property for sale - Even in absence of such charge or mortgage, mere absence of attachment before sale does not make sale invalid...........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Obstructer is entitled to apply for adjudication of his right over the property before executing Court, even before delivery...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86-- Provisions of O.21.Rr.84 and 85 are mandatory - On the failure to deposit 75% of the balance sale consideration amount within 15 days from the date of deposit of 25% of the sale proceeding the sale becomes non est and a nullity - Executing Court has to put up the property for resale in terms of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 85-- Execution - Attachment and sale of property - Highest bidder deposited 25% of the auction amount at the time of bid, but failed to deposit the balance 75% within stipulated period of 15 days as envisaged U.O.21.R.85 CPC - Application of purchaser for condonation of delay and for permission to..........
KERALA HIGH COURT
Year of decision: 2010
Details
Partition Act, 1893, Section 2, Civil Procedure Code, 1908, Order 21, Rule 90-- Sale of immovable property - Applicability of provisions of Order 21 CPC - Provisions of Rule 234 of the Civil Rules of Practice would apply - Provisions of Order XXI of the Code of Civil Procedure would not apply to a sale of immovable property under the Partition Act, 1893...........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 98, 99, 100, 101-- Appellate court refused to admit appeal against order of Executing Court rejecting petitioners application filed U.O.21.R.101 CPC - Petitioner filed writ impugning the validity of order of Appellate court - Held, order passed U.O.21.R.98 CPC is a deemed decree within the meaning of O.21.R.103 CPC..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Execution - Rule of appropriation - In absence of directions in the decree, D.H. is entitled to apply to the rule of appropriation by appropriating the amount first towards interest, then towards cost and then towards principal amount due under the decree - On such appropriation, if the part..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 94, Order 21, Rule 32-- Execution of decree passed in title suit - Decree holder (DH) alleged that judgment debtors were intermeddling in their possession over suit land and not allowing them to cultivate - In decree, only defendant No.1 to 4 restrained from going to suit land and interfering in the possession of DH - In..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 84-- Execution of money decree - Auction sale - Highest bidder failed to pay 25% of the amount, consequent whereupon re-sale was held - By the time proceedings for re-sale were completed, court time was over - Second bidder permitted by the executing court to deposit 25% of the amount on the next day -..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 84-- Execution of money decree - Auction sale - Highest bidder failed to deposit 25% of the amount - Property re-sold on the same day - Fresh proclamation not issued - Held, once the highest bidder failed to deposit 25% of the amount, court was justified in re-selling the property on the same day..........

Showing : 501-510 of 1393 Results