Showing : 381-390 of 1316 Results

ORISSA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 1, Rule 10, Land Acquisition Act, 1894, Section 50(2), 18-- Execution proceedings - Necessary party - Non joinder - Acquisition of land for purpose of utilizing same by petitioner-company - Held, petitioner-company is proper party in all proceedings under Land Acquisition Act, 1894 and it has right of being heard...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32-- Execution - Framing of issues is not mandatory in deciding an execution petition - However, when complete factual controversies are involved, it is always appropriate in the fitness of things to frame all "points of controversy" and pass an order distinctively on each such point framed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 60(1)(ccc)- - Execution - Exemption from attachment of one residential house - Principal borrower and guarantor died before filing the suit - Suit filed against legal representatives - Benefit of the provision is available to J.D.'s when principal borrower died before institution of suit as they themselves are..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Defendant made categorical admission regarding execution of agreement and subsequent cancellation thereof in written statement - Held, it cannot be allowed to be withdrawn by way of amendment - Petition dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - At the instance of subsequent purchasers who purchased the land during pendency of suit despite status quo order - Objections that judgments debtors No.1 and 2 are minors - Minors did not raise objection with regard to execution of decree - No prejudice shown to have been..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - By subsequent purchaser who have purchased the land during pendency of suit despite status quo order - Principle of lis pendens applies - They cannot be considered as bona fide purchasers as pendency of suit itself operates as constructive notice - Held, objections not..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Eviction decree - Decree passed on the ground that plaintiff has supported the facts as pleaded in plaint and defendant has not contradicted the averments made by plaintiff and has not produced any evidence in defence - Decree was passed without recording finding as to existence of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 85, 90, Limitation Act, 1963, Article 136-- Execution of decree - Limitation period - Within 12 years from the date when decree becomes enforceable - Held, it cannot be interpreted that execution proceedings would terminate if decree was not satisfied in 12 years from date of decree - It will continue till amount due is not recovered and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Court while seized of application U.O.9.R.13 CPC has to decide independently the application for staying execution proceedings on the well established principles of prima facie case, balance of convenience and irreparable loss and injury...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Stay of execution proceedings - Executing Court cannot stay the execution proceedings merely for the reason that a separate application U.O.9.R.13 CPC is filed...........

Showing : 381-390 of 1316 Results