Showing : 111-120 of 1206 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Decree of specific performance against subsequent purchaser - Effect - Sale deed in favour of subsequent purchaser bad in law and not binding on plaintiff - Sellers directed to refund the sale consideration received from subsequent purchaser and subsequent purchaser would..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 41(2)-- Execution - Money decree - Court has jurisdiction to ascertain properties of J.D. if money decree remains unsatisfied for a period of 30 days - A direction can be issued on the application of decree holder...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Suit for possession - Defendant duly served at the address as furnished before Executing Court - He appeared through counsel and filed written statement controverting allegations in plaint - But he did not lead any evidence and suit was decreed against him - He did not appeal..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Eviction decree - Objections - Person who was party to original proceedings and who set up completely different case in original proceedings, cannot plead new facts in application u/s 47 CPC and claim that decree was nullity, on basis of new facts so pleaded - Application rightly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for payment of amount - Adjustment of amount deposited by judgment-debtors - Amount is to be adjusted first towards costs, then towards interest and thereafter if anything is left, towards principal amount - In the instant case, Executing Court has deviated from the said..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, 34-- Execution - Objection - Claim of interest pendente lite - Decree for payment of money - Suit of plaintiff decreed with simple interest of 10% p.a till decretal amount is paid - Decree is silent so far as award of pendente lite interest - If Court intended that plaintiff is also entitled to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration claiming ownership on the basis of sale deed - Property purchased during pendency of execution petition at the hands of defendant No.1/earlier decree holder - Plaintiff stepped into the shoes of his vendor - Separate suit to challenge the legality and validity of proceedings..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Equitable relief - Execution of contract made subject to satisfactory survey which is binding obligation upon seller - However, seller failed to perform his part of obligation to satisfaction of buyer - Buyer on other hand was ready and willing to perform his part of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objection as to nullity of decree - Objection neither raised before Executing Court or first appellate Court or High Court - It cannot be allowed to be raised for the first time before Supreme Court - Objection rejected...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 39(1)(a), (4)-- Execution - Transfer of decree - JD and petitioner/garnishee both residing and having its office at Cochin i.e outside the jurisdiction of Court which passed the decree - Amount that is ordered to be sent for execution petition is also lying in the credit of petitioner at Cochin - Decree held,..........

Showing : 111-120 of 1206 Results