Showing : 431-440 of 1588 Results

KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 144, 151-- Restitution - Erroneous decree - There is no fetter in the inherent jurisdiction of Court to remedy a wrong committed due to an erroneous decree - A serious injury is caused to defendant due to the knocking off its property in an execution sale under a decree which did not reflect the correct..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Appeal from decree - Stay of decree - Imposition of condition - Held, appellant cannot be heard to contend that it accepts order insofar as it stays execution but objects to conditions...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Execution - First execution application dismissed in default - The same was not decided and adjudicated on merits - Held, second execution application not barred by principle of res judicata...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Stay of operation of the judgment, order and decree - It has the same effect as stay of execution of decree - Power of stay of operation of judgment, order and decree may not be technically available U.O.41.R.5 CPC but is traceable to S.151 CPC - Wherever any judgment, order and decree is likely..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1, Motor Vehicles Act, 1988, Section 18-- Execution of award of claims tribunal under Motor Vehicles Act - Award passed by claims tribunal is to be treated as a money decree - Executing Court is competent to invoke the beneficial provision of O.21.R.1 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Execution - Amount deposited by J.D. - To be appropriated as per the direction of Court - In the absence of any such direction, amount is adjusted firstly towards interest then towards costs and subsequently towards principal amount due under the decree...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 51- - Execution - Expression "means" employed in S.51 proviso cl.(b) includes saleable right or interest over any property - If judgment debtor has saleable, movable or immovable property from which sufficient amount can be raised to satisfy decree debt by sale of same save as mentioned u/s.60 proviso..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92-- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92 Evidence Act, has to be ignored - Held, once the title..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 14, Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101-- Eviction - Execution proceedings - Frivolous objections - Landlord sought eviction on grounds of no, payment of rent and subletting - Petitioner was inducted as sub-tenant by respondent Nos.2 and 3 - Neither any detail inquiry was required to be held nor parties were required to be permitted to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 48-- Execution - Money decree - Attachment of salary of one of judgment debtors - Decree holder can proceed against any one of judgment debtors and he is not required to proceed against principal borrower at the first instance...........

Showing : 431-440 of 1588 Results