Showing : 81-90 of 107 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, Section 28-- Power of trial Court to grant extension of time in the light of peremptory order that suit shall be deemed to have been dismissed ab initio if plaintiff failed to deposit balance sale consideration within six months - Appellate Court stayed operation of judgment and decree of trial Court after..........
ORISSA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 22-- Notice to show cause against execution - One of the defendants expired before the final decree proceeding concluded - Objection at that stage not raised - Decree cannot be held to be a nullity on the ground that the same has been passed against a dead person...........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 52(1), 54(2), 58, 59, 66, 67, 89, 90-- Money decree - Property attached and sold - Sales Tax and Purchase Tax due against J.D. - Subsequently State attaching the same property - Whether valid? - Petitioner purchasing property in auction sale in execution of money decree on 16.2.1982 - Sale confirmed on 25.3.1982 - Sale certificate..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 34, Rule 5-- Preliminary decree - Decree passed that in case the defendant fails to repay the decretal amount within 3 months, final decree as per provisions of Order 34 CPC will be deemed to have been passed in favour of the plaintiff - Execution - Objection raised that execution application is not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 34, Rule 5, 4-- Composite decree - Execution of judgment and decree - Objection that execution not maintainable as the same tiled on the basis of preliminary decree and no final decree as yet has been passed - Not tenable as it was composite decree - Nature of judgment and decree shows that no further order from..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 58(2)-- Execution - Sale of property attachment before judgment for realisation of amount due under money decree - Appellants filed claim petition to release the property from attachment based on an agreement of sale executed by J.D. and possession delivered thereunder - Holding of an enquiry by Court for..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 47-- Execution - Executing Court has no power to entertain an objection that decree has been obtained by fraud - It cannot decide the rights of the parties under the decree - It can go behind the decree only on the question of jurisdiction of Court which passed the decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35- - Mandatory injunction decree, execution of - Objection of satisfaction of decree - Gram Panchayat directed to correct alignment of passage - Earlier objections dismissed holding that though symbolic possession delivered but decree with respect to alignment of passage yet to be executed - Another..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 47-- Objection by guarantor in execution that he is not liable to pay decretal amount as decree passed only against loanee - Not tenable - Once suit decreed against loanee and guarantee bond not disputed - Guarantor liable jointly and severally for repayment of loan - Contract Act, Sections 128,133,..........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 47-- Execution of exparte eviction decree - Objection that decree is obtained by playing fraud on objector - Not maintainable - Objector is free to file suit for getting exparte decree set aside on that ground...........

Showing : 81-90 of 107 Results