Showing : 391-400 of 1316 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Joint and several decree - Decree holder has a right to proceed against any or all the judgments debtors - All the J.D's are to be arrayed as parties - Filing of Execution petition against one of the J.D. is unsustainable...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 32(1)-- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 37, 38, 39-- Execution of decree - Held, Court which passed decree as well as Court to which jurisdiction is transferred are having jurisdiction to entertain application for execution of decree - Court which passed decree can either execute same by entertaining an application or it can transmit decree to other..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, 37, 38, 39, Order 21, Rule 99, 97-- Transfer of execution petition - Ground of pecuniary jurisdiction - Locus standi - Legal heirs of defendant against whom execution petition was filed did not raise any objection with regard to jurisdiction of executing Court - Held, third party cannot raise question with regard to jurisdiction of..........
KERALA HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 68, Civil Procedure Code, 1908, Order 41, Rule 27-- Certified copy of document cannot be received in evidence when its execution is denied - Such document can be proved only as provided u/s 68 of Evidence Act - Appellate Court cannot call for a document the genuineness of which is disputed...........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Disposal of objections of third party in a summary manner - Held, not proper - Executing Court is required to adjudicate upon claim of third party by considering relevant documents and relevant evidence...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - Petitioners on basis of alleged sale deed moved impleadment application in proceedings - Application rejected - Petitioners neither decree holders nor auction purchasers - Petitioners have no right to make objection or application U.O.21.R.97 CPC - Petitioners themselves..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections U.O.21.R.97 CPC - Executing Court must show promptness in rejection of indiscreet objections at the instance of unscrupulous obstructionists to facilitate expeditious execution of a decree...........

Showing : 391-400 of 1316 Results