Showing : 91-100 of 1092 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101-- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed -..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of third party - Suit for specific performance - Defendants after execution of agreement to sell in favour of plaintiff created equitable mortgage in favour of respondent No.3 - Respondent No.3 is not claiming any independent rights - Presence of respondent No.3 is necessary in order..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Sale deed - Execution not denied - Court cannot straightaway proceed to hear appeal, after admitting additional evidence, without affording opportunity to lead evidence in rebuttal or to explain the alleged admission...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Execution proceedings - Enforcement of arbitral award - JD and award holder entered into tripartite agreement with third party - Such agreement created valuable rights in favour of third party in respect of subject matter of dispute - Prima facie third party thus, has a..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - An order of attachment before judgment is a harsh step and same cannot be resorted to in a routine manner - Power U.O.38.R.5 CPC is a drastic and extra ordinary power and such power should not be exercise mechanically or merely for the asking - Court should be..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66, 64-- Sale - Where sale of part of property alone would be sufficient to meet decree debt, then, only said part of property is to be sold as per O.21.R.66 CPC - If sale proceedings are proceeded with by execution Court in violation of provisions contained in O.21.R.66 CPC, then it would amount to..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47, Order 34, Rule 1, Transfer of Property Act, 1882, Section 84-- Execution - Objection - Mortgage - Delivery of possession - Execution case without any decree for redemption is not maintainable - Respondents held, not entitled to get delivery of possession unless a decree for redemption of mortgage is passed in their favour under provision of S.84 of T.P Act..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 54-- Execution - Attachment of property - Decree passed creating charge over property - Attachment of property in execution is not necessary - Decree holder is entitled to straight away proceed in execution for realization of the amount due by sale of the property...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59-- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three years..........

Showing : 91-100 of 1092 Results