Showing : 761-770 of 1190 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Warrant of possession issued - Stay cannot be granted merely on the ground that a suit has been filed for setting aside the judgment and decree...........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 21, Rule 11-- Execution - Impleading of a party - There is no bar to implead a person who has got an interest even in the execution proceedings...........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35-- Execution - Decree for specific performance - Court executing decree can direct delivery of possession even if there is no specific direction to that effect in decree as granting of relief of possession is incidental to conveyance executed in favour of D.H...........
KERALA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Claim petition - Limitation - No particular period is prescribed for filing the claim petition - Court can entertain a claim petition subject to restrictions mentioned in Clauses (a) and (b) of the Proviso...........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 97, 99-- Mortgage by deposit of title deeds - Decree for sale - Objection to decree for sale by third party claiming title to suit property under registered sale deed - There is no provision in Code for objection by third party to object to sale - However, Court has inherent powers to adjudicate upon such..........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97-- Obstructors - Asserted their lawful possession as tenant - Earlier an application based on same facts was rejected - Order became final with dismissal of revision - Trial Court is not required to determine alleged claim of tenancy as the application is barred by res judicata u/s 11 of the Code...........
KERALA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 64, Order 21, Rule 58-- Agreement to sell before attachment - Sale deed executed after attachment - Contractual obligations prevail over the rights of the attaching creditor - The rights of the attaching creditor do not override the contractual obligation arising from an antecedent agreement for sale of the attached..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 98, 101-- Execution - Objections - Framing of issues - Framing of issues is not always necessary - When facts are very much clear then there is no necessity of framing of issues...........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 17, Article 127-- Limitation Act does not make any distinction between a mere application to set aside sale in execution of decree and an application to set aside sale on ground of irregularity or fraud - They are governed by Art.127 - Application when based on fraud limitation starts to run only when fraud is..........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89-- Execution - Sale - Is to be in accordance with prescribed procedure - Court is bound to follow the said mandatory procedure and in no case, except where the J.D. himself gives consent, Court can dispense with or by pass the prescribed procedure for conducting sale of the immovable property of the..........

Showing : 761-770 of 1190 Results