Showing : 91-100 of 150 Results

SUPREME COURT OF INDIA
Year of decision: 2000
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31, 34-- Suit for recovery of Rs.6,19,250/- with interest - Decretal amount including interest amounted to Rs.12,91,398/- - Execution application being for more than Rs.10 lakhs, Tribunal has jurisdiction in view of S.34 of the Act...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 30-- Money decree against all the defendants including the guarantor and mortgage decree against principal debtor who had mortgaged his shop with the bank - Decree did not put any fetter on the right of the D.H. to execute it against any party whether as a money decree or as a mortgage decree - Held,..........
ORISSA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3)-- Money decree - Non deposit of decretal amount or furnishing security - Appeal cannot be dismissed - Intention of the Legislature was not to make the deposit of the decretal amount or furnishing of the security a condition precedent for filing an appeal...........
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..........

Showing : 91-100 of 150 Results