Showing : 321-330 of 1043 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 55(3), (4)-- Arrest of judgment-debtor - Execution of decree - Duty of Court - Held, when a judgment-debtor is arrested in execution of a decree for payment of money and brought before Court, he shall be informed that he may apply to be declared an insolvent, and that he may be discharged if he has not..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 55-- Execution - Arrest of J.D. - Decree Holder disclosed assets of J.D. - J.D. failed to rebut - Held, J.D. had means to discharge decretal amount - Issuance of arrest warrant proper...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 72(As- - Execution - Auction - Participation by D.H. without permission of Court - As per O.21.R.72 CPC as amended by State of Uttar Pradesh there is no embargo upon a decree holder to participate in the auction...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 53-- Transferee pendente lite - Transferee not a bonafide purchaser who had knowledge of the execution proceedings inspite of which, in order to defeat the decree, in collusion with the original seller got the sale deed executed - Held, purchaser not a bonafide purchaser and sale is hit by S.53 of the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6)-- Eviction - Execution proceeding - Tenant's plea that landlord/decree holder is not his landlord and thus eviction petition was not maintainable - Held, challenge to maintainability of proceeding itself can be made in main ejectment proceedings and not in execution application - Executing Court..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Order 1-- Prohibitory injunction decree - Execution - Injunction obtained in a representative suit - Wilful disobedience of injunction by a person who was not party to the suit but for his benefit suit was defended - Held, a decree for injunction obtained in a representative suit is binding on all persons..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 47-- Execution - Dispute as to adjustment, discharge or satisfaction of decree - For filing an application u/s 47 CPC it is not necessary that an execution petition must be pending...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 26-- Execution - Stay of execution - Court which passed the decree and Court in which execution is pending when different then unless the Court which passed the decree does not stay the execution of the decree, the Executing Court does not have the power to refuse to proceed further...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 47-- Execution - Prayer in the application to declare the decree as null and void - Held, executing Court cannot declare the decree as null and void as it cannot go beyond the scope of the decree - Even the validity of execution proceedings cannot be assailed before the Court which executed the decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 35, 47-- Frivolous litigations - Exemplary costs - Execution proceedings - Objections - Petitions/JDs who are in possession of suit property are grossly abusing process of Court to perpetuate their possession and thereby depriving plaintiffs to get fruits of decree secured by them almost 30 years ago and..........

Showing : 321-330 of 1043 Results