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Showing : 2691-2700 of 4872 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 47 -- Private Ltd. Company - Decree against - Execution of decree - Whether decree obtained against private company can be executed against personal property of its managing director? - Held, decree passed against a private company which being a distinct legal entity it cannot be executed against its managing director or directors and..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2009
Details

Will -- Execution - Proof - One attesting witness and scribe examined - Attesting witness did not state specifically that testator had seen him signing the will - Attesting witness did not state that testator signed the will in the presence of other attesting witness or the latter signed the will in the presence of testator - Held, Will not proved...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Will -- Execution - Proof of - Execution must be proved by atleast one attesting witness, hence, while making attestation, there must be an animus attestandi, on the part of attesting witness. Cases referred: Commissioner Income Tax v. Arvind Mills Ltd., 1992 Supp (2) SCC 190 : (1992) 193 ITR 255 (Para 28) Indian Molasses Co. P. Ltd. v. Commissioner Income Tax, AIR 1959..........

KERALA HIGH COURT

Year of decision: 2009
Details

Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Section 16, 69, 21 - - Execution proceedings - Reference to Lok Adalat - Refund of court fee - Held, decree holder is not entitled to refund of court fee paid on plaint on account of compromise arrived at between parties before Lok Adalat on a reference made to it in execution petition...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Requisitioning and Acquisition of Immovable Property Act, 1952, Section 8 -- Land acquisition by defence - Compensation - Arbitrator appointed for determination of claimant and amount of compensation - Arbitrator determining amount of compensation and awarding same to respondent on the basis of will - Land was acquired in the year 1970 whereas Will was executed in the year..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 60(i)(ccc) -- Execution - Only residential house - Exemption from attachment - Objection as to - To be decided at the first instance before proceeding with the sale of property - Proceedings without deciding the objections are non-est in the eyes of law and deserve to be set aside...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Will -- Presence of beneficiary - No proof as to participation of beneficiary in execution of Will - Mere presence of beneficiary is not a suspicious circumstance...........

ALLAHABAD HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Any person can resist or obstruct the execution of a decree of possession of the property by moving an application before the Court concerned, which shall be adjudicated upon in accordance with law...........

ALLAHABAD HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Resistance or obstruction - Application U.O.21.R.97 CPC - To be decided on merits - Rejection of application only on the ground that since objector has been party through his predecessor, hence has no right to resist his dispossession at this stage - Unsustainable - Quashed - Execution Court to decide application..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 39, Rule 2-A -- Money decree or order for payment of money - Contempt jurisdiction either under Contempt of Courts Act, 1971 or U.O.39.R.2-A CPC not to be used for enforcement of money decrees or directions/orders of repayment of money - The process and concept of execution is different from process and concept of action for..........

Showing : 2691-2700 of 4872 Results