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Results of decree

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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6 -- Compromise and consent decree - There is difference between a compromise decree and consent decree - A compromise between parties pre-supposes bilateral understanding - When a decree is passed based on admission in pleading or otherwise, provisions of O.12.R.6 CPC are attracted..........

DELHI HIGH COURT

Year of decision: 2016
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Complaint by wife u/s 12 of Protection of Women from Domestic Violence Act by making serious allegations against husband - Dismissal in default - A party cannot be permitted to walk away by subsequently allowing the proceedings to be dismissed in default, or for want of prosecution - No party can be permitted to..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 106 -- Scope - O.21.R.106 CPC provides remedy in case applications U.O.21.Rr.97, 99 CPC were dismissed in default and Court ordered for execution of decree U.O.21.R.23 CPC - It does not provide remedy for recalling the order dismissing execution application of DH in default - Appropriate remedy is to file an application u/s 151..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Decree not transferred or assigned - Petitioner does not fall in the definition of decree holder, as such, cannot seek execution of decree...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Where the interest of Decree holder in the decree is transferred by assignment in writing or by operation of law, transferee may apply for execution of decree to the Court which it passed...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 47 -- Objections - Pre-mature execution - Compromise decree - Time for fulfilling obligation of decree was six months - Execution filed within six months - However, no actual proceeding of execution case is going to be performed before expiry of six months period from decree - Execution decided after six months and no failure of justice..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication - Defendant denied service of summons or knowledge of suit - On denial, presumption regarding service of summons stood rebutted - Burden shifted upon plaintiff to prove that summons were served upon defendant..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation - Summons not duly served upon defendants - Limitation of 30 days as prescribed u/art 123 of Limitation Act, would run from the date of knowledge of decree - Since date of knowledge of decree is 4.1.2014 and application is filed on 16.1.2014, as..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 34 -- Interest - Money decree - Bank loan - Bank proved its case by adducing adequate evidence - No reason to interfere in the well reasoned findings of Courts below - However rate of interest reduced from 21% p.a. to 14% p.a. payable from the date of filing of dispute till recovery...........

Showing : 1101-1110 of 6492 Results