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Results of execution civil procedure code

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Showing : 461-470 of 1907 Results

BOMBAY HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Execution - Objections - J.D. by repeated applications obstructing and frustrating execution of decree - J.D. creating unwarranted hurdles in the execution of decree - Held, making of such repeated applications, particularly frivolous applications, is certainly not the right of any J.D. - Exemplary costs of..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 151 -- Amendment of decree - Suit for mandatory injunction - No dimensions were given in the plaint nor did the plaint refer to any sketch - Judgment and decree also did not refer to any dimensions of chhajja in question nor did it incorporate or refer to any sketch from which dimensions can be gathered - Application preferred u/s 151..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Executing Court can allow objection u/s 47 CPC to the executability of decree, if it is found that same is void ab initio and nullity, apart from the ground that decree is not capable of execution under law either because the same was passed in ignorance of such a provision of law or the law was promulgated..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objection - Once the compromise decree is clear and unambiguous and the same has attained finality, executing Court cannot traverse beyond the said decree unless the same is a nullity or without jurisdiction - Court below committed error by allowing application u/s 47 CPC, as object of S.47 CPC is to..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to correct the date of execution of agreement to sell in question - Proposed amendment an attempt to turn the pleadings in suit on its head and radically change the contours of averments made in original plaint - More so, amendments sought run contrary to..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest & detention of J.D - Violation of decree of injunction - Civil prison is one of the modes of execution of decree for injunction as prescribed U.O.21.R.32 CPC - Execution petition, held, maintainable...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Order of detention - Though provision exists for detention of a person for violating decree of injunction but that power has to be exercised cautiously and in rarest of rare case only after recording a finding justifying such order of arrest - In the instant case as trial Court had not taken into consideration..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - However, even after final decision, Court has discretion to take further assistance of Receiver as and when need arises - In the instant case decree put to execution - Executing Court while executing decree may take assistance of..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Sale deed challenged as null and void by non signatory - Question of fact arose as to when facts entitling plaintiff to file suit first accrued - Said disputed question can be decided after parties lead evidence - Issue of limitation can also be decided at time of final decision of..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on merits, and such plea ought not to..........

Showing : 461-470 of 1907 Results