Showing : 121-130 of 1098 Results

DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9, 47, 11-- Second suit to execute decree in a former suit - Execution of decree in the former suit became time barred - Second suit does not lie to enforce a decree passed in an earlier suit where execution of decree passed in earlier suit became time barred - However, in case a subsisting right continues to..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 44A-- Execution - Foreign judgment - It is necessary for execution u/s 44-A CPC, that certified copy of decree of any of Superior Court in any reciprocating territory is to be produced - In the absence of the same, there is clear bar of jurisdiction for entertaining the execution petition...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Jurisdiction of Court to order attachment before judgment arises only when it is satisfied by Affidavit, supported by particulars that defendant is about to dispose of whole or any part of property with intention to obstruct or delay the execution of decree that may be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Punjab Co-operative Societies Act, 1961, Section 55, 63, 64, 65, 66-- Execution of orders - Award passed under Act is executable as decree of Civil Court - Registrar has also power under Act for recovery of amount by attaching any property...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Ex parte decree - Validity of ex parte decree cannot be challenged before executing Court - Executing Court cannot go behind the decree - If defendant is aggrieved by ex parte decree passed by Civil Court, it is open for him either to file an application before trial Court for setting..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 11(2), 105, 106-- Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application - Decree holder can file number of applications for execution of decree, till decree is satisfied...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Execution - Two decree holders out of five have sold their shares to petitioner and petitioner has become entitled to share in suit property to that extent - However, sale of share by two decree holders would not make decree in favour of other decree holders redundant or inexecutable - Indeed,..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32(1), 32(3), 32(5)-- Execution - Decree of permanent injunction - Disobedience - Order of attachment of JD's properties passed without finding that JD has willfully disobeyed the decree - Said order is violative of provision of O.21.R.32 CPC - No opportunity was granted to JD and Court passed order of attachment..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97-- Execution - Eviction - Plea of ownership - Suit already pending with regard to legal status wherein decree holder also impleaded as a party - Said suit shall take its own course - Moreover, it is surprising that in execution proceedings relating to eviction decree, how could the petitioner be..........

Showing : 121-130 of 1098 Results