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Results of execution in civil procedure code

Showing : 41-50 of 1894 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 104(h) -- Appeal - Order of arrest and detention - Appeal u/s 104(h) CPC not maintainable, if order of arrest and detention is passed in execution proceedings...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 11, 11A, 30 -- Execution - Arrest and detention - JD failed to appear in Court despite repeated opportunities afforded to him - Trial Court thus, rightly issued warrant of arrest against JD while exercising power U.O.21.Rr.11, 11-A, 30 CPC...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Grant of adequate opportunity to JD before detention is necessary till, he has nothing further to state...........

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 to record a positive finding as to fact that there is no possibility of satisfying decree except by way of arrest of JD - Merely because it appeared to Court that there is no possibility to satisfy decree, is not equivalent to `satisfaction' statutorily..........

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 issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 92(1) -- Execution - Auction sale - Confirmation of sale - Sale not to be confirmed pending disposal of any objection - Pendency of application to set aside ex parte decree partakes the nature of an objection - Sale not to be confirmed pending final disposal of application to set aside ex parte decree...........

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..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Third party objections - Third person is not entitled to file an application U.O.21.R.97 CPC, as said application may be filed by a DH in event of execution of decree is resisted or obstructed by any person obtaining possession of property...........

Showing : 41-50 of 1894 Results