Showing : 41-50 of 1003 Results

CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Money decree - Arrest and detention of JD - Property was under dispute with JD`s own son, who challenged order of attachment and Court stayed execution proceedings - No material on record to show JD fetched any income from that property - Therefore, Court cannot arrive at satisfaction..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Objection by JD - Execution - Decree for declaration, permanent and mandatory injunction - JD failed to lead any evidence before trial Court when proceedings were undertaken in suit filed by plaintiffs - He cannot be permitted to raise objection on merits of decree before executing Court, as said..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Eviction decree - Dismissal of earlier objection petition which attained finality - Subsequent objection petition for all practical purposes agitating the same title/right/ownership of the tenanted property - Failure to disclose earlier dismissal of objection petition - Besides merits,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
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 -..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff having means but not actually willing to perform his part of contract - Plaintiff not paid the balance sale consideration within stipulated time of 15 days for execution of sale deed - Plaintiff held, not entitled to decree of specific..........
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..........
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..........
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...........

Showing : 41-50 of 1003 Results