Showing : 41-50 of 347 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 14-- Exclusion of time - Expression "prosecuting with due diligence and in good faith" - Not confined only to time in which execution proceedings was initiated or time in which execution petition was filed/Civil proceedings were initiated - In order to get benefit of S.14 of the Act, party who claims..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 92-- Auction sale - Confirmation of sale - Closure of execution petition - Remedy available to J.D. U.O.21.Rr.89, 92(2) CPC not availed by him before execution Court in time - Defendant thus, has no right or whatsoever to question Court auction sale which was held in the year 2002 itself - Moreover,..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58.S-- Execution - Attachment of property - Third party objections - Proper enquiry needs to be conducted in a claim petition filed by a third party and the same cannot be summarily disposed of - Court below dismissed the claim petition not only U.O.21.R.58(1) Proviso (b) CPC but also on merits, without..........
KERALA HIGH COURT
Year of decision: 2017
Details
Family Courts Act, 1984, Section 18, Civil Procedure Code, 1908, Section 44A-- Execution - Foreign judgment - Family Court has no jurisdiction to entertain execution petition in relation to execution of foreign judgment, as foreign judgment has to be executed only before District Court - Though Family Court has been given special jurisdiction in terms of Family Courts Act,..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application to set aside ex parte decree filed after two years of service of notice in the execution petition - Application for setting aside ex parte decree is highly belated - Order dismissing application, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 38, 39-- Execution - Award of Lok Adalat - Property situated outside jurisdiction of Court - Execution be filed before competent Civil Court - Thereafter D.H. to get the execution petition transferred to the Court within whose jurisdiction the property is situated - In the instant case execution petition..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482-- Cheating - Quashing of FIR - Agreement to sell - Non execution of sale deed - Entire sale amount of Rs.50,00,000/- received - Thereafter, vendor left their place of residence without leaving their addresses and shut off their mobiles - It was with clear intention so that complainant may not trace..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 44A-- Execution - Foreign judgment passed by English Court - England is a reciprocating territory for the purpose of S.44-A CPC - Order passed by High Court of Justice, Chancery Division, England being a recognized superior Court in England, thus executable in India u/s 44-A CPC- Execution petition..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his..........

Showing : 41-50 of 347 Results