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Results of execution in civil procedure code

Showing : 1-10 of 1801 Results

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 22, Rule 5 -- Death of decree holder during pendency of execution proceedings - Substitution of L.R's - Appellant is sole claimant to estate of DH on basis of Will - He thus, as LR is entitled to execute decree and to take it to its logical end - Executing Court rightly allowed appellant to execute decree...........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 22, Rule 12 -- Abatement - Execution proceedings - Normal principle arising in a suit before decree is passed that LRs are to be brought on record within a particular period and if not, suit could abate is not applicable to cases of death of DH or JD in execution proceedings...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 20, 28 -- Execution - Decree for specific performance - One months time granted to execute registered sale deed - Appeal filed against decree - No specific time fixed by court for performance of contract - It has to be reasonably presumed that within three years from the date of non performance, the..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Factum of filing an application u/s 5 of Limitation Act for condonation of delay is an admission on part of petitioners that Execution petition filed by them was barred by limitation...........

GUJARAT HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........

KERALA HIGH COURT

Year of decision: 2019
Details

Family Courts Act, 1984, Section 18(3), Civil Procedure Code, 1908, Section 39(1)(a), 39(4) -- Execution - S.18(3) of Family Courts Act is subject to Ss.39(1)(a), 39(4) CPC...........

KERALA HIGH COURT

Year of decision: 2019
Details

Family Courts Act, 1984, Section 18(3), Civil Procedure Code, 1908, Section 39(1)(a), 39(4) -- Execution - Family Court which passed decree cannot execute a decree personally against JD who actually and voluntarily resides or personally works for gain or carries on business within jurisdiction of another Family Court - In such case, decree is liable to be transferred u/s..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only objection that can be raised before executing Court is as regards decree being a nullity in true sense and not objection as regards its invalidity...........

Showing : 1-10 of 1801 Results