Showing : 361-370 of 1316 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, 39(3)- - Transfer of decree for execution - Competent Court - Held, transferee Court would be a Court of competent jurisdiction to execute decree even if it had otherwise no jurisdiction to try suit provided subject-matter of suit wherein decree was passed does not exceed pecuniary limits, if any, of its..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection to jurisdiction of Court that passed decree - Not raised before trial court or Appellant Court - Applicant estopped to raise such objection before executing court in the absence of proof of prejudice...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Execution - Assignee or transferee - Decree can be executed subject to some conditions as if application had been made by D.H...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Transfer of Property Act, 1882, Section 52-- Execution - Objections - Transferee pendente lite has no right to resist or obstruct execution of decree - Resistance at the instance of such person/transferee or obstruction by a person on the basis of such right is not entitled to claim adjudication, rather it is a mere attempt just to delay the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Execution - Objections - Framing of issues - When on its face, objections are found to be frivolous, no issues are required to be framed...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Third party objections - Objectors claiming to be tenants of erstwhile decree holder - Objections have to be decided by the Executing Court which has jurisdiction to decide such questions - Executing Court cannot deny an opportunity to the obstructor to lead oral or documentary..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - When the question relating to execution and discharge/satisfaction of decree arises between the parties or their representatives, the same shall be decided by the Executing Court - Separate suit is not required to be filed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 60(c)-- Execution - Exemption from attachment and sale of residential house of an agriculturist - Exemption available only if house is in occupation of J.D...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 57, Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - O.21.R.57, CPC does not apply to attachment before judgment U.O.38.R.5 CPC - However, in the absence of any such attachment, it is always open to decree holder to enforce the decree obtained by him against the house property of judgment debtor in execution proceedings...........

Showing : 361-370 of 1316 Results