Showing : 111-120 of 347 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Joint and several decree - Decree holder has a right to proceed against any or all the judgments debtors - All the J.D's are to be arrayed as parties - Filing of Execution petition against one of the J.D. is unsustainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Haryana Panchayati Raj Act, 1994, Section 51-- Second enquiry - Natural Justice - - Execution of gift deeds by petitioner/Sarpanch in favour of 39 ineligible persons - After conducting enquiry, petitioner warned to be careful in future - Error committed by petitioner has already been corrected - Initiation of second inquiry - Validity - Held,..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, 37, 38, 39, Order 21, Rule 99, 97-- Transfer of execution petition - Ground of pecuniary jurisdiction - Locus standi - Legal heirs of defendant against whom execution petition was filed did not raise any objection with regard to jurisdiction of executing Court - Held, third party cannot raise question with regard to jurisdiction of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Trial - Complainant has denied execution of compromise deed as alleged by accused - Plea of petitioner for comparison of respondent's signatures was rejected on ground that application should have been made after cross examination of complainant - Compromise deed is on record..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 17-- Eviction proceedings - Held, an eviction petition does not decide title - Rent Controller has no power to adjudge title - If an adjudication on title is sought at execution stage by third party, decree holder cannot sing laurels on decree obtained...........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10-- Eviction - Payment of rent - Willful default - Proof - Defaulted period not disputed by petitioner/tenant - Only defence taken by him is that as per sale agreement he can pay rent in lump sum at the time of execution of sale deed and therefore, default was not willful - But there were three more..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections U.O.21.R.97 CPC - Rejection - Order neither perverse, nor suffering from any error apparent on face of record - Order not causing failure of justice - Writ petition against order is untenable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 15(5)-- Non-payment of rent - Order of assessment of provisional rent - Validity - False plea taken by petitioner-tenant that there being no relationship of landlord and tenant between parties - Respondent-landlord placed on record copy of suit in which petitioner-tenant has categorically admitted..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101-- Execution - Claim petition - Proof of title - As in the case of a suit for declaration of title, in the claim petition also, the extent to which a title must be established is always relative - In a given case, if plaintiff is able to establish a semblance of title, though not so perfect one, he..........

Showing : 111-120 of 347 Results