Showing : 21-30 of 94 Results

MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 2-- Execution - Adjustment - Annulment of decree for specific performance - Money payable under decree paid out of Court settlement to decree holder - Application is not one u/o 21.R.2 CPC - Application is not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 10-- Award of arbitrator - Fallibilities therein - Duty of executing Court - Held, a mere finding that contractor was entitled to benefits of escalation cannot obtain any enforceability - Executing Court could not have undertaken task of ascertaining amount which was payable to contractor if said..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 60(1)(c)-- Property liable to attachment and sale in execution of decree - Scope - Held, property cannot be brought for sale if house is under occupation and ownership of agriculturalist or agricultural labourer - However, there is no embargo for an agriculturalist who is in occupation of his property..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 34, Rule 14, Trusts Act, 1882, Section 90-- Redemption of mortgage - Entitlement to - Mortgagee filed money suit and in execution of money decree, mortgaged property was sold which was purchased by mortgagee - Held, relationship of mortgagor and mortgagee continues to subsist even thereafter - His purchase is only in trust for mortgagor -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 55(3), (4)-- Arrest of judgment-debtor - Execution of decree - Duty of Court - Held, when a judgment-debtor is arrested in execution of a decree for payment of money and brought before Court, he shall be informed that he may apply to be declared an insolvent, and that he may be discharged if he has not..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 34, Rule 7, 8-- Usufructuary mortgage - Redemption of - Execution of decree - Interference with - Held, where all disputes between parties with regard to payment of mortgage money and interest accrued thereon are finally settled and no further accounting etc. is required to be done, such a decree would be final..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Money decree - Arrest and detention - It is one of the options available to D.H. - He cannot be forced to take recourse to this provision only as a last resort after exhausting all other modes of execution...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Money decree - Arrest and detention - Mere fact that J.D. owns property - No ground to refuse his detention in civil prison - Finding of trial Court that J.D. owns landed property and hence D.H. should proceed against said property instead of seeking arrest and detention - Not proper...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution of money decree by way of arrest and detention of J.D. in Civil prison - JD, son of ex-chief Minister - Executing Court convinced that there was deliberate attempt on part of J.D. to browbeat and get away from reach of court - Executing court issued arrest warrant of J.D. - Held, if..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 92(2)-- Auction sale - Property put to auction sale in execution of a money decree - J.D. can seek annulment of sale, by making deposit of decretal amount mentioned in the sale proclamation and a sum equal to 5% of the purchase money, payable to the auction purchaser - Limitation for such deposit is 60..........

Showing : 21-30 of 94 Results