Showing : 501-510 of 1341 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Concurrent findings of fact - Courts below recorded concurrent findings of fact that defendant borrowed the amount from plaintiff - Execution of pronote receipt and passing of amount of consideration is duly proved on record - Held, such pure concurrent findings of fact based on..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 103, Specific Relief Act, 1963, Section 6(3)-- Decree for possession - Execution proceedings - Order passed therein - Appeal thereagainst - Maintainability - Held, an appeal against a decree or order passed in execution of a decree in a suit u/s 6(1) will be barred by S.6(3) of the Act - Therefore, if an appeal is not maintainable against the..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Contempt of Courts Act, 1971-- Contempt of Court - Violation of undertaking - When an undertaking is given to Court during pendency of suit and on the basis of which the suit itself is disposed of it becomes a part of the decree - Breach of such undertaking is to be dealt with in execution proceedings U.O.21.R.32 CPC and not by..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Demolition of property by purchaser - Tenant filing civil suit for permanent injunction - Suit rightly filed in civil court - Compromise between parties that tenant would deliver vacant possession of shop and he would be allotted newly constructed shop - Decree drawn accordingly - New premises not..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 47-- Execution - Executing Court cannot go behind the decree...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Examination of handwriting expert in rebuttal evidence - Execution of agreement denied - Onus to prove validity of agreement was on plaintiff - Held, plaintiff cannot be allowed to examine an expert in rebuttal evidence on an issue in which the onus of proof was on him - Order..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Executing Court to examine the weight of the objections so raised - Framing of issues and opportunity to lead evidence not to be provided in every and all objections - Objector is duty bound to prima facie establish that there is some merit in the objections so..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - There is no need to frame issues where objections are prima facie frivolous, vexatious and intended to delay the execution...........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 47, 152-- Execution of decree - Wrong description of premises - Correction thereof - Report of bailiff confirms that description of premises in suit was not correct and as such, he could not deliver possession of suit premises as per decree - After such report, decree-holder filed an application u/s 152 of..........
ORISSA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136-- Proviso - Execution - Decree of prohibitory injunction - Limitation - There is no limitation for execution of a decree of perpetual (prohibitory) injunction...........

Showing : 501-510 of 1341 Results