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Results of execution of decree

Showing : 921-930 of 1355 Results

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Civil Procedure Code, 1908, Order 37, Rule 4, 7, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Setting aside of ex parte decree in a suit under Order 37 - Rule 4 specifically provides for it - Provisions of Order 9 Rule 13 not applicable - Power under Rule 4 not confined to setting aside ex parte decree - Extends to staying or setting aside execution and giving..........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Civil Procedure Code, 1908, Order 37, Rule 4 -- Expression `special circumstances' not defined in Civil Procedure Code nor capable of any precise definition by Court - Non - service of summons - A special circumstance - Court to determine whether circumstances pleaded so unusual or extraordinary as to justify setting aside decree and to grant relief in regard to post -..........

MADRAS HIGH COURT

Year of decision: 2003
Details

Civil Procedure Code, 1908, Section 47, 52, 60 -- Execution - Compensation awarded to legal representatives on the death of a person does not form part of the estate of the deceased and cannot be attached in execution of decree against the deceased...........

KARNATAKA HIGH COURT

Year of decision: 2003
Details

Civil Procedure Code, 1908, Section 144, 151, Order 9, Rule 13 -- Restitution - Relief at interlocutory stage can be granted - Tenant evicted in execution of ex parte decree - Sale of property in the meantime - Exparte decree set aside as it was passed even without notice to the tenant - Order of restitution can be passed against purchaser - Relief of restitution can be..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2003
Details

Limitation Act, 1963, Article 136 -- Execution - Limitation - 12 years - Starts to run from the date of decree/order of appellate Court and not the date of decree of trial Court even if appeal is dismissed...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2003
Details

Limitation Act, 1963, Article 136 -- Limitation for execution of any decree or order of any Civil Court - 12 years from the date when decree or order becomes enforceable - Words 'when the decree or order becomes enforceable' in Article 136 - Must necessarily mean that in a case where decree has been subject matter of appeal, whether first appeal or second appeal, then..........

KERALA HIGH COURT

Year of decision: 2003
Details

Contract Act, 1872, Section 23 -- Giving up a legal right is not hit by S.23 - Motive of a party even to defeat execution of decree that may be passed against him would be immaterial...........

KARNATAKA HIGH COURT

Year of decision: 2003
Details

Contract Act, 1872, Section 128, 129 -- Surety - Liability - Decree passed in 1992 - Considerable delay on part of creditor in taking proceedings for execution of decree - Creditor to confine recovery to the original decretal amount and not to be extended to interest that has accumulated on account of delay in taking proceedings for execution of decree...........

SUPREME COURT OF INDIA

Year of decision: 2003
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by Court having no jurisdiction - Such decree is a nullity - J.D. can object to its execution being a nullity and non est - Its invalidity can be set up whenever it is sought to be enforced including the stage of execution of the decree or any other collateral proceedings...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2003
Details

Civil Procedure Code, 1908, Section 47 -- Locus standi to file objections to execution of decree - Objector found to be in bona fide possession of property in dispute in his own right - Entitled to maintain objection petition...........

Showing : 921-930 of 1355 Results