Showing : 41-50 of 1159 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66, 64-- Sale - Where sale of part of property alone would be sufficient to meet decree debt, then, only said part of property is to be sold as per O.21.R.66 CPC - If sale proceedings are proceeded with by execution Court in violation of provisions contained in O.21.R.66 CPC, then it would amount to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 54-- Execution - Attachment of property - Decree passed creating charge over property - Attachment of property in execution is not necessary - Decree holder is entitled to straight away proceed in execution for realization of the amount due by sale of the property...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66-- Notice U.O.21.R.66 CPC - Notice is mandatory - Absence of plea regarding non compliance of O.21.R.66 CPC - Evidence in support thereof adduced before the Court can be overlooked and no relief can be granted...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97-- Order rejecting application U.O.21.R.97 CPC - Revision - Maintainability - Order passed without considering specific contention urged by petitioner - Said order is tainted by jurisdictional error etc., therefore, it is revisable u/s 115 CPC...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 32(5)-- Execution - Expression `act required to be done' as occurring in O.21.R.32(5) CPC, thereof, cover both prohibitory as well as mandatory injunctions...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 32(5)-- Execution - Decree of permanent prohibitory injunction - Direction issued by executing Court to JD to remove obstructions to shop room and maintain shop rooms in previous position and to hand over shop room to decree holders for purpose of business - Cannot be said to be beyond scope and ambit of..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 92-- Auction sale - Setting aside - Sale confirmed and it became absolute - Any subsequent payment in full satisfaction of decree by J.D. will not vitiate auction sale...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Objection by sub-tenants - Enquiry U.O.21.R.97 CPC - Sub-tenants have no independent right or title - Their interest is only under JD - Executing Court not required to hold enquiry, as only if obstructor has semblance of right, interest or title superior to that of DH..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Objections - Enquiry U.O.21.R.97 CPC - Holding an enquiry may not be necessary if it can be made out apparently that obstruction is caused at the instigation of JD or on his behalf or by transferee from JD either during pendency of a suit or execution proceeding...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Objection by sub-tenants - Sub-tenants contended that sub-letting is lawful as per Karnataka Rent Act - Contention rejected, as suit was filed seeking eviction of JD by terminating tenancy u/s 106 of T.P Act, therefore, provisions of Karnataka Rent Act held, not..........

Showing : 41-50 of 1159 Results