Showing : 421-430 of 1316 Results

MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 2-- Execution - Adjustment - Annulment of decree for specific performance - Money payable under decree paid out of Court settlement to decree holder - Application is not one u/o 21.R.2 CPC - Application is not maintainable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 26, 22-- Execution proceedings - Delivery of properties - Requirement of notice - Held, unless execution of decree is beyond two years of passing of same, no notice to judgment debtors is necessary for effecting delivery in pursuance of decree of civil Court - O.21 CPC does not contemplate prior giving of..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102, 103-- Decree of possession - Execution - Rejection of objections - Death of J.D. during pendency of execution - Deceased never asserted property to be Joint Hindu Family Property - Objections that property was Joint Hindu Family Property not genuine - Appellants not third parties but transferees..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 144-- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, judgment debtor is entitled to seek restitution of possession by invoking S.144 CPC...........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 144-- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, subsequent purchasers transferees, who have purchased properties, during pendency of second appeal, cannot oppose restitution - Subsequent sales do not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 10-- Award of arbitrator - Fallibilities therein - Duty of executing Court - Held, a mere finding that contractor was entitled to benefits of escalation cannot obtain any enforceability - Executing Court could not have undertaken task of ascertaining amount which was payable to contractor if said..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Suit for specific performance - Proposed amendment to incorporate prayer for possession - Due diligence test not required to be satisfied when prayer for possession is sought to be introduced by way of amendment in a suit for specific performance - Such relief can be asked..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32-- Execution - Decree for mandatory injunction - Arrest and detention - Plea that clause (e) of S.51 can be applied only when clauses `a' to `d' are not applicable - Held, Executing Court can execute the decree in such other manner as the nature of relief granted may require...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32-- Execution - Arrest and detention - None of the provisions of the Code empowers the executing court to direct the police to arrest and produce the respondent in execution of the decree - Warrant of arrest issued by executing court has to be enforced through its officer...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32-- Execution - Request for assistance of police beyond territorial limits of jurisdiction of Court cannot be entertained...........

Showing : 421-430 of 1316 Results