Showing : 1-8 of 8 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103-- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Article 136-- Decree - Execution - By a separate suit decree challenged to be result of fraud - Suit remained pending for 21 years - At no point of time, there was any order of any Court directing stay of operation of judgment and decree - Held, In the absence of any interdiction from any Court, the decree..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Article 136-- Execution of decree - Limitation - Time once starts to run cannot be arrested when separate suit challenging the decree is filed or when an appeal is filed, in the absence of stay of operation of judgment and decree...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Motor Vehicles Act, 1988, Section 168, 169, 174, 149-- Motor Vehicle accident - Compensation - Driver and owner of offending vehicle held liable to pay amount of award - However, Insurance Company directed to pay that amount to claimants and then to recover it from driver and owner of offending vehicle - To recover that amount Insurance company need..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 101, 99, 97-- Open vacant land - In execution of decree owner dispossessed as possession reported to be delivered to D.H. - Owner looses his right and control over the land when Nazir of Court delivered possession to D.H. - Such a person can make an application to executing Court and seek adjudication of his..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Possession - Obstruction from 'Any person' - All questions including questions relating to right, title or interest in the property arising between the aggrieved party whether he is the decree holder or any other person in possession of the immovable property under execution shall be..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Civil Procedure Code, 1908, Section 47-- Bar of separate suit - Does not apply when possession was given in lieu of or in execution of decree but subsequently decree-holder was dispossessed - This dispossession gives rise to a new cause of action for suit...........
SUPREME COURT OF INDIA
Year of decision: 1973
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95, 96, 97, 98, 99, 100, 101, 102-- Section 47 should be construed liberally - All questions between auction - purchaser and judgment - debtor - Must be determined by Executing Court and not by a separate suit - Decree - holder auction - purchaser - Can move Executing Court for delivery of vacant possession of immovable property -..........

Showing : 1-8 of 8 Results