Showing : 361-370 of 1341 Results

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...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Auction sale - Sale of property attached in execution proceedings must be only to the extent which is needed to liquidate the obligation under the decree - This, in fact is the mandate of O.21.R.64 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 68, 90-- Auction sale - Setting aside - It is mandatory that sale proclamation shall indicate the value furnished by decree holder and judgment holder as well as by court ascertaining from the office of Sub-Registrar - Non-compliance with such requirement of O.21.R.68 CPC would be fatal to execution..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 58, 97, 98, 99, 100, 101, 102, 103, 104-- Execution - Objections - All questions raised by objector have to be comprehensively considered on their merits - O.21.R.103 CPC ordains that where any application has been adjudicated upon u/r 98 or R.100, order made thereon shall have same force and be subject to same conditions as to an appeal..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 47-- Execution - Ambiguity in the decree - In case of any ambiguity in the decree, Executing Court has necessarily to construe the decree so as to give effect to the intention of the parties - Executing Court is even free to refer to the pleadings so as to construe the true import of the decree...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151-- Ambiguity in decree or supervening factors making execution of decree inexecutable - Plaintiff or defendant is free to approach Court for appropriate clarification/directions in the event of any ambiguity or supervening factors making the execution of the decree inexecutable...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for specific performance - Preservation of property is fundamentally important lest a judgment and decree in favour of plaintiff subsequently passed is rendered incapable of execution - Thus, it is proper in facts of case to restrain defendant from alienating,..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 22, Rule 1, 2, Civil Procedure Code, 1908, Order 21, Rule 26-- Abatement - Execution - There is no abatement of execution proceedings as legal heirs of decree holder is on record and note can be taken by Court in record and proceed with execution - Execution, held, not to be dismissed...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 10-- Execution - Conversion of agricultural land into non agricultural land - Does not create any obstruction for execution of decree - Objection rightly rejected - Petition dismissed...........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 9, Rule 8-- Execution - Claim petition - Dismissal in default - Fresh petition is not maintainable when claim petition is dismissed in default as O.9.R.8 CPC is applicable to a claim petition...........

Showing : 361-370 of 1341 Results