Showing : 91-100 of 309 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32-- Execution - Framing of issues is not mandatory in deciding an execution petition - However, when complete factual controversies are involved, it is always appropriate in the fitness of things to frame all "points of controversy" and pass an order distinctively on each such point framed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Defendant made categorical admission regarding execution of agreement and subsequent cancellation thereof in written statement - Held, it cannot be allowed to be withdrawn by way of amendment - Petition dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Eviction decree - Decree passed on the ground that plaintiff has supported the facts as pleaded in plaint and defendant has not contradicted the averments made by plaintiff and has not produced any evidence in defence - Decree was passed without recording finding as to existence of..........
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..........
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..........
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..........
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...........

Showing : 91-100 of 309 Results