Showing : 51-60 of 107 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree wherein interest awarded at the rate of 18% per annum from the date of decree to the date of realisation without recording a finding that transaction was a commercial one - Upto that extent decree passed by Court is a nullity - Held, this objection can be entertained in..........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 72, 90-- Suit for recovery of mortgaged money - Suit decreed - Mortgagor selling property after the decree - Held, transferees of Judgment Debtor subsequent decree can raise objection against execution of decree u/s 47 of the Code, they being representative of the JD...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Execution of eviction order - Objections filed by J.D. dismissed and upheld upto Supreme Court - Thereafter petitioner claimed himself to be real tenant filed third party objections stating that he was not bound by the decree - Held, matter had already been..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Partnership Act, 1932, Section 32, 63, 72-- Partnership - Liability of retiring partner to third party for acts of firm done before his date of retirement - Partner would continue to be liable to third party until public notice is given as to his retirement - Money decree against partnership firm and its three partners - Execution -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 9, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1, 13-- Change of law - Effect on pending proceedings - Decree for possession after termination of tenancy - Rent Act became applicable - Land falls within Municipal limits - Execution of decree - Objection by Judgment Debtor - Allowed - Once the provisions of Rent Act are applicable, decree for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Haryana Relief of Agricultural Indebtedness Act, 1989, Section 3, 4, 17, Banking Regulation Act, 1949, Section 21A-- Agricultural Loan - Loaner's liability to pay agreed interest - Entitlement of DH to more than double of principal amount - Discharge of debt - Can executing court go beyond decree by virtue of sec. 17 of Act of 1989 - Suit for recovery by bank decreed with future interest @ 12.5% p.a. on..........
PUNJAB AND HARYAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47-- Objections to execution of decree - Objections raised by judgment debtor same as the pleadings in the suit - Judgment debtor cannot be permitted to raise such objection in execution as well...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Partition-- Protection of possession of tenant - Suit for partition of joint house - One portion in possession of tenant - Preliminary decree passed - DH filed application for execution - Objection by tenant - Dismissed by one of the co-sharer that he cannot be evicted in execution of decree - Held - Tenant..........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, 151-- Execution - Objections - Execution of compromise decree - Compromise which was made part of decree alleged to be created later on and thumb impression obtained - Thumb impression on compromise not disputed - Such objection has to be raised before the Court which passed the decree - Executing Court..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47-- Number of time objections to execution of decree can be filed - Decree for possession by way of specific performance of agreement - Objections by JD that decree unexecutable - Dismissed by Trial Court - Not challenged - Sale deed executed through Court - Warrant of possession issued - Again..........

Showing : 51-60 of 107 Results