TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 58, 102-- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque issued to satisfy the decree passed by Arbitral Tribunal - Complainant already approached the competent Court for Executing the said decree - Mere pendency of execution of arbitral award would not preclude the complainant from availing the remedy u/s 138 of Act -..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for specific performance - Deposit of balance sale consideration amount in High Court - Objection that deposit in High Court cannot be treated as deposit of balance amount, is not liable to be accepted as High Court itself has directed the decree holder to deposit the balance..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3)-- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of permanent injunction - Plaintiff prayed for declaration of right, title, interest of suit property, recovery of possession and permanent injunction - Trial Court declared the title of plaintiffs over suit property and granted permanent injunction - Prayer for recovery of..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 36-- Execution of eviction decree - Recurring infringement of decree by tenant - Second execution petition filed by subsequent purchaser - Maintainability - Tenant earlier vacated rented premises but subsequently trespassed into it - Executing Court would not become functus officio to pass second order..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 92-- Execution - Auction sale - Confirmation of sale - Auction sale of jeep - Purchaser deposited the entire amount - Decretal amount paid by J.D. to decree holder - Rights of purchaser taken care as entire auction amount ordered to be returned to the auction purchaser - There is no illegality in the..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Execution - Impleadment of a party - Application U.O.21.R.97 CPC - Petitioner seeking impleadment on the basis of sale deed executed in his favour during pendency of application U.O.21.R.97 CPC filed by his vendor - However, decree for possession of immovable property can only be resisted or..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 30-- Execution - Money decree - Attachment - Undivided share of JD in HUF property - Can be attached in execution of decree...........