Showing : 91-100 of 141 Results

ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Set aside subject to deposit of half of the decretal amount - Intentional absence of defendant to avoid responsibility found - But as the evidence was already closed the defendant was allowed to advance arguments on the condition of deposit of half of the decretal amount - Court..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 47-- If the Court passing the decree did not grant interest on the decretal amount, Executing Court cannot grant the same...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38-- Arrest warrant - Cannot be issued without holding enquiry as to whether J.D. has sufficient means, is willfully avoiding to pay decretal amount - Ex parte order of arrest passed without holding such enquiry - Exparte order set aside but directing to deposit 1/4th of the execution amount - Not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Decision in favour of defendant - Defendant not required to challenge the findings on other issues decided against him - Such findings and decision of an issue against him will not operate as res judicata against him so as to bar him from reagitating that issue in any subsequent..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 151-- Decretal amount - Deposit by J.D. - Furnishing of Bank guarantee by D.H. to withdraw that amount - Held, there is no provision in the Code of Civil Procedure empowering the executing Court to direct Decree Holder to furnish bank guarantee while withdrawing the amount deposited by the judgment..........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5(5)-- Money decree - Appeal against - Compliance with O.41.R.1(3) as to depositing decretal amount or furnishing security before filing appeal - Not a condition precedent...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 34, Rule 5-- Preliminary decree - Decree passed that in case the defendant fails to repay the decretal amount within 3 months, final decree as per provisions of Order 34 CPC will be deemed to have been passed in favour of the plaintiff - Execution - Objection raised that execution application is not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 50(2)-- Decree against deceased - Decree - holder entitled to recover decretal amount from property left behind by deceased - Heirs not liable to pay decretal amount in their personal capacity - Deceased did not have any property at the time of his death - Cannot be said that no decree can be passed on..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Always open to any person claiming right, title or interest in property in dispute - To raise objections against execution of decree by filing claim petition under Order 21 Rule 58 - Decree - holder entitled to recover decretal amount from estate of deceased - Heirs of deceased (judgment - debtor)..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Rs.9, 000/- instead of decretal amount of Rs.15, 654/- agreed to be paid in instalments - In case of two consecutive defaults the entire amount of decree would be recoverable - Default - From compromise it is clear that the matter was settled for Rs.9, 000/- and the instalment part..........

Showing : 91-100 of 141 Results