Showing : 431-440 of 1316 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Scope - All questions relating to execution, discharge or satisfaction of decree are to be adjudicated in executing court and not in separate suit...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Executing Court - Power u/s 47 of the Code - Extent of - Executing court cannot go beyond decree or cannot question correctness of validity of decree except where decree is a nullity or is without jurisdiction...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining subsequent purchaser from changing the nature of land - Agreement to sell - Plaintiff after execution of agreement did not take any steps on its part as agreed by it for getting the land released from acquisition - There are no pleadings that plaintiff took any..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 106-- Execution - Dismissal in default - Remedy to recall order is available U.O.21.R.106 - However, it does not mean that D.H. has no right to apply afresh if time permits - It is settled law that if two remedies are available, a party can choose anyone of them...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 106-- Execution - Dismissal in default without going into merits - Subsequent application filed within time - Held, dismissal of first execution application in default without adjudicating any rights of the parties does not operate as res judicata...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 37, 38, Order 21, Rule 32-- Execution - Specific performance - Area where property situated transferred to another District - Held, Explanation to S.37 CPC provides that a Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit or after..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Specific performance - No time limit fixed in the decree to deposit the balance sale consideration - Held, decree holder is free to deposit it anytime before the execution of the sale deed pursuant to the decree...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 37(2)-- Execution - Detention in prison - Arrest warrant can be issued when in spite of sending the notice J.D. fails to make his appearance or deliberately involves in avoiding to receive the notice and attending the Court for the purpose of protracting the matter or not deciding the question of means -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections after attachment and sale - Not maintainable - Frivolous applications filed in the execution petition - Petition dismissed with costs of Rs.5,000/-...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Auction sale - Setting aside - Deposit of the requisite amount in Court is a condition precedent or a sine qua non to an application for setting aside execution of sale and such a amount must be paid within a period specified in the rule - If the deposit is made after the time limit, the..........

Showing : 431-440 of 1316 Results