Showing : 1-10 of 110 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32-- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 20-- Specific Performance - Auction sale - Plaintiff purchased the plot in auction - He directed to deposit 75% of sale proceeds along with simple interest - Plaintiff deposited the said amount within 15 days in compliance of said direction - Suit of plaintiff rightly decreed by trial Court and..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Declaratory decree - Stay of operation - It is only execution of executable decree can be stayed - As execution of declaratory decree is not required as such execution of declaratory decree cannot be stayed - However, since property in lis has to be preserved, direction issued that during pendency..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99, 100-- Execution - Objection - Eviction decree - Petitioner filed a declaratory suit that he along with plaintiffs was a co-sharer of suit property - Though suit was dismissed but first appeal against the same was pending - An appeal is a continuation of suit and executing Court should have awaited the..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52-- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not entitled to offer any..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Suits Valuation Act, 1887- - Plaintiff filed suit for vacant possession of land underneath her room and demolition of unauthorized construction - As per the agreement, plaintiff is the owner of construction raised on first floor, whereas defendants are owners of construction raised on ground floor - Defendants by examining..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 468, 471-- Forgery - Appeal against acquittal - Original suit filed for possession by `B' through `A' as attorney - But during the pendency of appeal, B died - Thereafter `A' moved an application for impleading himself as legal representative and the same was allowed - Though it was for limited purpose of..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Decree against a dead person - Decree is `nullity' - Question regarding legality could be raised in appeal or even in execution proceedings arising out of such a decree...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for specific performance - Objection by third party - Suit property sold to petitioners during pendency of suit - However, transfer in favour of petitioners was made by persons who were not even parties to suit - Provision of S.52 of the Act is not applicable to facts of case,..........

Showing : 1-10 of 110 Results