Showing : 31-40 of 198 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction - Setting aside - J.D never shown his fairness in entire proceedings - Objection that even by sale of lesser area of his land, Decree Holder will get his dues, not raised at the time of issuance of sale proclamation - Objection ought to have been raised at the stage when property in..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 92, Limitation Act, 1963, Article 127-- Auction sale - Setting aside sale on deposit - Limitation to deposit - O.21.R.89 CPC does not prescribe any period either for making the application or the required deposit - Art.127 of Limitation Act prescribes 60 days as the period within which such an application should be made - Held, in the..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1, Motor Vehicles Act, 1988, Section 18-- Execution of award of claims tribunal under Motor Vehicles Act - Award passed by claims tribunal is to be treated as a money decree - Executing Court is competent to invoke the beneficial provision of O.21.R.1 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Execution - Amount deposited by J.D. - To be appropriated as per the direction of Court - In the absence of any such direction, amount is adjusted firstly towards interest then towards costs and subsequently towards principal amount due under the decree...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 58, 97, 98, 99, 100, 101, 102, 103, 104-- Execution - Objections - All questions raised by objector have to be comprehensively considered on their merits - O.21.R.103 CPC ordains that where any application has been adjudicated upon u/r 98 or R.100, order made thereon shall have same force and be subject to same conditions as to an appeal..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Calculation of amount to be deposited by JD - Challenge to - High Court found calculation in order but chose to give one opportunity to judgment debtor to deposit the amount - Held, exercise of discretion by High Court cannot said to be erroneous or contrary to Law - No interference is called for..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 26-- Execution - Suit filed in the year 1955 - Sufficient opportunities provided to J.D. to pay the decretal amount - Every time appellant failed to pay the decretal amount within the period prescribed - Not entitled to any further relief...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Auction sale - Setting aside - Deposit of amount in Court is a condition precedent - Sale will not be set aside unless the entire amount specified in sub-rule (1) is deposited within 60 days from the date of sale and if it is beyond 60 days, Court cannot allow the application...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 84-- Auction sale - Deposit in Court - Deposit of 25% of amount by way of demand draft - Auction purchaser is not expected to deposit the amount in cash when it is running into crores of rupees - Deposit of 25% amount of Rs.2.40 crores by way of demand draft is sufficient compliance of the provisions..........

Showing : 31-40 of 198 Results