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Results of execution civil procedure code

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Showing : 401-410 of 1925 Results

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 47 -- Objections - Pre-mature execution - Compromise decree - Time for fulfilling obligation of decree was six months - Execution filed within six months - However, no actual proceeding of execution case is going to be performed before expiry of six months period from decree - Execution decided after six months and no failure of justice..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 58, Civil Procedure Code, 1908, Section 100 -- Mortgage - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - In view of admission of execution of mortgage deed and in absence of any whisper in the pleadings to the effect that disputed mortgage deed amounts to sale..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Execution of Will in favour of plaintiff deliberately not proved by him despite opportunity of hearing was given to him by trial Court - Courts below rightly held, that in absence of any evidence or proof of execution of Will it cannot be accepted as proved - In these circumstances, plaintiff cannot be permitted to..........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Matter relating to execution of alleged Will in favour of plaintiff was a question of fact and not question of law - Such question can be decided on basis of evidence only - No infirmity, illegality or perversity in finding of Courts below, who concurrently held, that plaintiff failed to prove the alleged Will -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 102, 98(2) -- Execution - Objection by pendente lite purchaser - Barred U.O.21.R.102 CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 47 -- Execution - No objection can be entertained at the stage of execution when decree is put to challenge in independent suit...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 22, Rule 10 -- Expression "during the pendency of suit" - Ought not to be understood as after the decree is passed - O.22.R.10 CPC thus, allows for impleadment to subsequent purchaser only during pendency of a suit - Subsequent purchaser cannot have resort to O.22.R.10 CPC or make an objection at the stage of execution...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Executing Court cannot decline execution of decree simply on the ground that an appeal has been filed against the decree - Remedy of petitioner is to approach Appellate Court to seek relief regarding stay of execution of decree and said plea of petitioner was to be considered by Appellate Court in accordance with..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 51 -- Execution - Decree for possession - Warrants of possession - Police help - Bailiff report shows that execution of warrants of possession not possible without police help, as the JD's obstructed the execution thereof - Nothing wrong in providing police help for execution of warrants of possession - No interference warranted...........

Showing : 401-410 of 1925 Results