Showing : 11-20 of 67 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Impleadment - LRs - Petitioners claiming to be impleaded as legal heirs of deceased decree holder on the basis of registered Will - Executing Court dismissed application on the ground that their interest is adverse to already impleaded LRs and if they have any right they can always file a separate..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Execution - Third party when dispossessed from the suit property to which he claims any right, title or interest before getting any opportunity to resist or offer obstruction can file an application U.O.21.R.99 CPC claiming that his dispossession is illegal and that possession deserves to be..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 13, 54-- Execution - Attachment order - It is implied that executing court has to satisfy itself before passing of order of attachment that judgment debtor had any share or interest in property to be attached, otherwise question of judgment debtor transferring or charging property in any way as..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Third party objections - Objectors claiming to be tenants of erstwhile decree holder - Objections have to be decided by the Executing Court which has jurisdiction to decide such questions - Executing Court cannot deny an opportunity to the obstructor to lead oral or documentary..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 34-- Interest - Executing court cannot grant interest when the same is not granted in the judgment and decree...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Attachment of property of J.D. - J.D. ready to pay the decretal amount - Executing Court shall proceed with the execution and shall not confirm the sale if the entire decretal amount along with interest is deposited on or before 31.05.2013 with a caution that sale is not stayed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32-- Police help - Decree for permanent injunction - Implementation - Application for grant of police help rejected by executing court - Judgment-debtors were injuncted from interfering with possession of decree-holders over suit land - Judgment-debtors do not have any right, title or interest in suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 34-- Future interest - Granted at the rate of 24% per annum - Except in commercial transaction future interest cannot be granted more than 6% per annum - Decree passed not in conformity with S.34 CPC - Future interest can be reduced by Executing Court to 6% per annum...........

Showing : 11-20 of 67 Results