Showing : 621-630 of 1413 Results

KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38, 39, 40-- Execution - Arrest warrant - For issuance of arrest warrant Court has to adopt the procedure prescribed U.O.21.Rr.37 to 40 CPC - There must be material to prove that J.D. is avoiding the payment despite the fact that he has sufficient means to pay and then Court has to pass appropriate order..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Limitation Act, 1963, Section 14, Article 136, Civil Procedure Code, 1908, Order 21-- Execution - Limitation - Execution filed within time - However same withdrawn because J.D. filed an application U.O.9.R.13 CPC and appellate Court remanded case for decision afresh - On dismissal for non prosecution execution filed again - Time thus consumed has to be excluded - Execution..........
GAUHATI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 24-- Execution - Decree for possession of immovable property - Third party claiming to be in possession as tenant or co-tenant can resist execution of decree of eviction if he was not a party thereto on ground that decree would, if executed, oust him from decretal property - Application by objector..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 92-- Auction sale - Confirmation - Sale not to be confirmed where an attachment is under objection till such objections are finally disposed of...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 9, 47, Order 21, Rule 97, 99, 101-- Suit for possession - Possession taken by defendants in execution of decree - Availing remedy U.O.21.Rr.97, 99 & 101 and S.47 is permissible...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Resistance to delivery of possession to decree holder or purchaser - Held, there must be some kind of dispute between decree holder and some person with regard to the delivery of possession of the property - When there was no dispute or resistance to the delivery of possession and the possession..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101-- Rule applies to person other than judgment debtor who is dispossessed - In the decree, judgment debtor being plaintiff, Rule 99 does not apply - Consequently, there is no question of applicability of Rule 101 further...........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Executio, Objections - Third party objections - Executing Court ordering to hold enquiry into claim/objections raised by third party - No illegality...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 99-- Execution - Decree of specific performance - Objections - Objector claiming possession on land on basis of sale deed - His right, title or interest is to be decided by trial Court and application U.O.21.R.99 could not be dismissed as not maintainable - Sale deed when claimed to be prior in point..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 54, 66-- Execution - Auction - When a property is sold it is mandatory to serve notice upon the person whose property is sold - Sale of property without notice to its owner is nullity and all actions pursuant thereto are liable to be struck down/quashed...........

Showing : 621-630 of 1413 Results