Showing : 11-20 of 3968 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection as to validity of a decree - Suit for specific performance was maintainable only before civil Court - Therefore Court did not lack inherent jurisdiction and decree in such a case would not be nullity and not open to challenge in execution proceedings - Objection rejected...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 104(h)-- Appeal - Order of arrest and detention - Appeal u/s 104(h) CPC not maintainable, if order of arrest and detention is passed in execution proceedings...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 11, 11A, 30-- Execution - Arrest and detention - JD failed to appear in Court despite repeated opportunities afforded to him - Trial Court thus, rightly issued warrant of arrest against JD while exercising power U.O.21.Rr.11, 11-A, 30 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Unauthorised occupant -- Once Court find an occupant a trespasser, or a person in unauthorized occupation, against the claim of the lawful owner, such unauthorized occupant does not have any further right to possession over disputed premises - Said unauthorized occupant has to vacate the premises voluntarily, after..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Arrest and detention of JD - Grant of adequate opportunity to JD before detention is necessary till, he has nothing further to state...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Arrest and detention of JD - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying decree except by way of arrest of JD - Merely because it appeared to Court that there is no possibility to satisfy decree, is not equivalent to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Arrest and detention of JD - Executing Court is required to issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 92(1)-- Execution - Auction sale - Confirmation of sale - Sale not to be confirmed pending disposal of any objection - Pendency of application to set aside ex parte decree partakes the nature of an objection - Sale not to be confirmed pending final disposal of application to set aside ex parte decree...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution - Delivery of possession - Police assistance - Absence of any order of Court for providing police assistance - Providing police assistance without any Court order is completely unjustified - However, at this belated time, Supreme Court declined to order further enquiry into this aspect..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since..........

Showing : 11-20 of 3968 Results