Showing : 181-190 of 1206 Results

HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 73-- Rateable distribution - Decree holder who seeks rateable distribution has to necessarily comply with requirement of filing of an execution petition not merely to necessarily comply with said provision in its form but also in its content...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 73-- Rateable distribution - In order to be entitled for rateable distribution, a decree holder must not only show that he has filed an execution petition before assets held by a Court were received but also he must satisfy the Court that he has not obtained satisfaction of decree...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38-- Execution of joint decree - Once there is a decree against all judgment debtors passed jointly, decree holder can choose against whom he is to proceed for the safe, early and effective recovery of fruits of the decree...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Auction sale - Objections - Respondents/objectors not in possession of suit property prior to passing of decree - Predecessor of respondents was party to sale certificate which respondents never challenged - Suit was duly contested by original defendants for a long period of 30 years -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101-- Execution - Objection by sub-tenant - Sub-tenants in wrongful possession of suit property has successfully dragged the proceeding for more than three decades by taking undue advantage of procedural complications - Frivolous defences and frivolous litigation is calculated in the case - Long..........
KERALA HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 32, 33-- Restitution of conjugal rights - Execution - Decree of restitution of conjugal rights cannot be enforced by compelling either the husband or wife to restore conjugal rights or to resume cohabitation, unless and until he/she is willing for such restoration or resumption...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32(5), 97, 99-- Execution of decree of injunction - Powers of Executing Court - Decree of injunction sought to be executed and in the process, a person is threatened with dispossession or is dispossessed - Such person has right to complain as per rules contained from R.97 onwards - More so, he cannot be shown..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - setting aside - Non fulfillment of terms and conditions of compromise - Entire foundation for challenging the compromise as non est is based on subsequent events that occurred after passing of compromise decree and not on the ground that compromise being vitiated on account of..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2)-- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 21, 30-- Execution - Money decree - Different execution petitions, seeking execution of decree by arrest and detention and by attachment and sale of immovable property are not maintainable at a time, as the execution Court is vested with discretion to execute the decree in single execution petition..........

Showing : 181-190 of 1206 Results