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Results of execution in civil procedure code

Showing : 21-30 of 1801 Results

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Delivery of possession - Police assistance - Absence of any order of Court for providing police assistance - Providing police assistance without any Court order is completely unjustified - However, at this belated time, Supreme Court declined to order further enquiry into this aspect of the matter - However,..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47, Partnership Act, 1932, Section 42(c) -- Execution - Objections - Partnership firm - Two partners - One partner obtained a decree against the other partner - Death of both the partners - Decree obtained by one partner against the other is not executable decree as on death of a partner, partnership stands dissolved by operation of law..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Executing Court is not obligated to decide all frivolous objections by way of following proper procedure of framing issues and then allow parties to lead evidence - Such objections can be rejected summarily - More so, resistance at the instance of a person having no locus should be..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of a party - Application filed belatedly - Application allowed to ensure that in the eventuality of suit being decreed, plaintiff does not become vulnerable to another round of litigation at the stage of execution - Application allowed subject..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Where factum of Will in terms of its execution was proved only in defence by leading evidence, even if factum of Will was in the knowledge of plaintiff from very beginning still plaintiff was not supposed to lead evidence in negative to prove Will was not genuine - It is only after evidence led by..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to record positive finding that there is no possible way to satisfy decree except by way of arrest - Merely because it appeared to Court that there is no possibility to satisfy Court is not equivalent to satisfaction required u/s 51 CPC and in..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way of an application in an execution..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Eviction decree - Objection by sub-tenant - Sub-tenant though established his exclusive possession, but failed to establish payment of rent to original tenant - Payment of rent is essential element of lease or sub-lease - In the absence of same, no tenancy or sub tenancy can be proved - Objection rejected...........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution - Setting aside ex parte order passed in execution petition - Application has to be filed within 30 days from the date of order and not from the date of knowledge...........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........

Showing : 21-30 of 1801 Results