Showing : 51-60 of 1092 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2-- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to prove his capacity..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11- - Constructive res judicata - Issue of enforceability of foreign awards already decided in earlier round - Grounds raised by petitioner in earlier round regarding maintainability of execution case could not have been considered in isolation de hors issue of enforceability of subject foreign awards,..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A-- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103-- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Sale of property - Money suit - Entire decretal amount admittedly was paid by defendant/JD from time to time though in installments - In such circumstances, it would not be feasible to sell the property of JD - Court committed error in review petition by stating that..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Execution of decree sought by assignees - Application for issuing of notice to original DH - Notice was issued by Court to JD but not to original DH - JD filed their objections, but fact remains that execution application not decided yet in either way - Assignees preferred an application of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66-- Execution - Issuance of warrants - Property in question already attached - There is no reason to issue warrants of arrest by taking recourse to O.21.R.37 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 54-- Execution - Attachment of property - Objection by JDs that execution petition is premature - Objection rejected, as no such objection was raised by JDs during execution proceedings and said objection cannot be permitted to be raised before High Court in proceedings u/art 227 of Constitution...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52-- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not entitled to offer any..........

Showing : 51-60 of 1092 Results