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Results of execution of decree appeal

Showing : 1-10 of 145 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Indian Contract Act, 1872, Section 56 -- Frustration of contract - Agreement to sell - Specific performance - Defendant contended that process of acquisition of suit land is initiated - However, trial Court already passed the decree for execution of sale deed in favour of plaintiff - At that time there was no notification for acquisition of land in question - Notification..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 20, 28 -- Execution - Decree for specific performance - One months time granted to execute registered sale deed - Appeal filed against decree - No specific time fixed by court for performance of contract - It has to be reasonably presumed that within three years from the date of non performance, the..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to invalidity of decree - When Court does not lack inherent jurisdiction, objection as to invalidity cannot be raised at execution stage or in collateral proceedings - Decree would remain a valid decree until it is set aside in appeal or SLP before Supreme Court...........

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..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 27, Rule 8A, Civil Procedure Code, 1908, Order 41, Rule 5, 6 -- Stay application filed by Government - O.27.R.8-A CPC may exempt Government from furnishing security for seeking stay of execution of money decree - It, however, does not provide that decretal amount cannot be required to be deposited in appeal against a money decree...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands reassumed in its original..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 96 -- First Appeal - Decree for specific performance - Appeal cannot be dismissed solely on ground that impugned decree and judgment are put into execution - If appellant is able to demonstrate that he could not contest the suit on merits bona fide and if reasons offered by appellant are acceptable, impugned judgment and decree will have..........

Showing : 1-10 of 145 Results