Showing : 81-90 of 94 Results

KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 50, 52-- Decree passed against the deceased husband of the petitioner for recovery of money - Execution - Decree is executable against L.R's only to the extent of the property of the deceased if any, which has come in the hands of his L.R's - Personal property of L.R's cannot be attached - Salary earned by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment in a suit for declaration - Plaintiff claiming to be owner in possession having perfected title by way of adverse possession - Applicant claiming present suit to be collusive to frustrate right of applicant in the suit filed for recovery of money which applicant forced to pay as surety..........
DELHI HIGH COURT
Year of decision: 1997
Details
Specific Relief Act, 1963, Section 28-- Decree for specific performance - Execution sought after five years - During all this period amount as per decree neither paid nor shown that he has the money in his bank account or otherwise in a position to pay the amount - No payment or deposit has been made till date to show his bona fides -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 40-- Execution - Arrest warrant - A person cannot be arrested and sent to jail in execution of a money decree without giving him an opportunity and without conducting an enquiry as to his means - Mere inability to pay the decretal amount is not a ground to send a person to jail - Even if notice is..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 41-- Money decree - Execution - Arrest of J.D. - Burden lies on J.D. to satisfy the Court that he is a small farmer and has no means to pay the decretal amount - Finding of Executing Court that D.H. failed to establish the means of J.D. - Erroneous - In execution proceedings, Executing Court should..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 73, Order 21, Rule 90-- Auction sale - Locus standi of third party decree holder to get the auction sale set aside - A decree holder in another suit whose decree is not yet satisfied and whose execution petition is still pending has locus standi to file an application in another execution petition by another..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 34, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 92-- Mortgage - Suit for foreclosure - Final decree - Appellant purchaser of property in mortgage decree - Respondents purchased same property in execution of money decree which was obtained against mortgagor - Application U.O.34.R.5 by respondent - Procedure prescribed U.O.21.R.92 CPC had no..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 34, Rule 5-- Mortgage - Suit for foreclosure - Final decree - Appellant purchaser of property in mortgage decree - Respondents purchased same property in execution of money decree which was obtained against mortgagor - Held, respondent is entitled to make application U.O.34.R.5 CPC...........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 19-- Execution in case of cross-claims under same decree - Words `application for execution of a decree under which two parties are entitled to recover sums of money' - There should be two rival claims by contesting parties against each other arising out of very same decree which is sought to be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 51(c)-- Money decree - Execution - No demand and no refusal of payment of decretal amount - Order of arrest set aside...........

Showing : 81-90 of 94 Results