KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5, 8, 10, Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment before judgment - Objections to attachment before judgment have to be determined U.O.38 itself and not by recourse to O.21.R.58 CPC - Requirements and limitations of O.38.Rr.5 & 10 are relevant for such consideration...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53-- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it does not bind him, a creditor of the defendant - Held, whether..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2-A, Civil Procedure Code, 1908, Order 21, Rule 32-- Interim injunction - Police protection - Can be provided only when there is threat of breach, disobedience or violation of the order of interim injunction and not when order of interim injunction is violated as in that eventuality aggrieved party has to file execution petition U.O.21.R.32 or an..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 66-- Execution - Sale - Determination of market value - A serious lapse on the part of the Executing Court in determination of market value cannot be condoned - Fixing value of property without issuing notice to the parties and by summoning the person whom it thinks necessary in this regard, cannot be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 67,, 54-- Sale proclamation - Proclamation must be made at some place, in or adjacent to property sought to be sold by beat of drum or other customary mode and copy of order to be affixed on conspicuous part of Court house - As per record proclamation was caused in the town whereas property was situated at..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 67, 54-- Auction sale - Setting aside - Proclamation as prescribed in Order 21 is mandatory and any deviation from it, would have the effect of nullifying the sale itself...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 90(3)-- Execution - Auction sale - Setting aside - Plea of waiver and estoppel - Objections if not raised at relevant time cannot be raised subsequently - Prohibition contained in it cannot be applied or extended to the stages of drawl of proclamation or subsequent thereto - While fixation of market value..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Article 127-- Auction sale - Setting aside - Limitation - Extension of period of limitation during which stay of execution was granted - Held, stay whether obtained by J.D. or by any other person is not relevant for consideration - The only question relevant for consideration is whether J.D. could have taken..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Limitation Act, 1963, Section 3, Article 127, Civil Procedure Code, 1908, Order 21, Rule 89-- Setting aside of auction sale - Limitation - Extension of period during which stay of execution was granted - Relevant question for consideration is whether J.D. was prevented from taking any further steps in the execution proceedings and not whether it was J.D. or some other person who has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Injunction - Violation - Decree of injunction passed against State - In violation of the decree of injunction officials of the State demolished boundary wall and gate constructed by DH, though officials were supplied copy of injunction order - Held, officials cannot be allowed to take..........