Showing : 111-120 of 1098 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Execution of preliminary decree for partition - In case parties had affected partition by metes and bounds as per the preliminary decree, it is not necessary to undertake final decree proceedings - However, in the instant case, it is not found to be established that parties have worked out their..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 60(1)-- Execution - Attachment of salary - Exemption - Salary attached in execution of decree for money during period exceeding 24 months does not lose its nature or character and enjoys statutory exemption - Decree holder has no right over that part of amount exempted from attachment of salary and it..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Civil imprisonment - In order to seek detention of J.D. in imprisonment, decree holder is required to plead and prove its case in terms of provisions contained U.O.21.R.37 read with S.51 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Decree not suffering either from any jurisdiction error or otherwise invalid in law - Objections as to non executability of decree not tenable...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - An executing court can allow objection to the executability of the decree if it is found that the same is void ab initio and is a nullity, apart from the ground that it is not capable of execution under the law, either because the same was passed in ignorance of such..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908-- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may take assistance from previous documents of..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11-- Explanation IV - Constructive res judicata - Execution proceedings - No objection filed as to executability of decree before passing of order U.O.21.R.23 CPC - Objection filed subsequently deemed to be barred by principle of constructive res judicata...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 50-- Execution - Decree of permanent injunction - When J.D. dies before decree is satisfied, it can be executed against his legal representatives...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 20, Rule 11(2)-- Execution - Money decree - Executing Court has no jurisdiction to grant payment of decretal amount by installment without consent of decree holder...........

Showing : 111-120 of 1098 Results