Showing : 121-130 of 1206 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution of decree - Suit for possession - Resistance by stranger - Mere possession of property subject matter of decree under execution is not by itself sufficient for resisting execution of said decree by stranger - Requirement of law is to establish independent legal right to possess said..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, 151-- Execution - Objections - Suit for declaration of right, title, interest, confirmation of possession - Suit property leased out to DHrs by State Housing Board - State Housing Board not filed any application challenging executability of decree - JDs not taken any steps to prove that suit property is..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 152-- Correction of judgment - Partition suit - Location of property not correctly mentioned in judgment - Pursuant to orders passed by trial Court, plaint and decree stand amended - Merely because judgment of trial Court has not been corrected to indicate correct location of suit property, that cannot..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of specific performance - Plaintiff directed to pay balance sale consideration, stamp duty and penalty within two months - Quantum of stamp duty not adjudicated and penalty not determined resulting in failure of decree holder to pay the same - Decree holder already paid sale..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 36, Civil Procedure Code, 1908, Order 21-- Execution - Arbitration award - It is a decree and is enforced like a decree of Civil Court by applying the provisions of O.21 of the Code and all other provisions, which deal with execution of decree of Civil Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36-- Execution - Arbitration award - Objections - None of the objections sought were raised before Arbitrator or before trial Court u/s 34 of Arbitration Act - Said Objections cannot be allowed to be raised in execution once award became final and attained finality as decree of civil Court - If..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Compromise decree - Setting aside - Challenge to sale deed and delivery of possession of suit property by way of separate suit, which was given to petitioner in execution proceeding of compromise decree - Not maintainable - Proper remedy is to challenge the same before executing Court itself u/s..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Proof of agreement to sell - Decree for refund of earnest money passed - Appellate Court reversed the decree and granted decree of specific performance - Since defendant did not challenge decree of trial Court for refund of earnest money as such execution of agreement to..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Power to stay execution of a decree vests in executing Court itself and is not dependent upon any order of stay being passed by a superior Court or by a Court before which an appeal may be pending...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 30-- Execution - Money decree - Order directing sale of property - Plea of JD that auction of part of land can satisfy decree is without any substance, as it is impossible for executing Court to segregate particular portion thereof - Only clearly demarcated piece of land is likely to fetch bidders -..........

Showing : 121-130 of 1206 Results