Showing : 631-640 of 1413 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- Execution - Auction - Notice - Has to be personally affected on the J.D. - Valuation of property is required to be done under O.21.R.66(2) Proviso - The estimate of the value of the property is a material fact to enable the purchaser to know its value - It must be stated accurately and fairly as..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Framing of issues - There is no need to frame an issue and give an opportunity to lead evidence to the parties where the facts are clear...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Where objections prima facie are frivolous, vexatious and intended to delay, then these are not liable to be put to trial as otherwise it would amount to abuse of process of the Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Execution of eviction order - Objections filed by J.D. dismissed and upheld upto Supreme Court - Thereafter petitioner claimed himself to be real tenant filed third party objections stating that he was not bound by the decree - Held, matter had already been..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 58(a)-- Confirmation of sale - Auction sale of property by Court in execution of a decree - Earlier J.D. had entered into agreement to sell the property - Held, that auction purchaser gets no right till confirmation of sale - Auction purchaser gets a right only on confirmation of sale and he has only..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 2, Limitation Act, 1963, Section 5-- Application U.O.21.R.2 - Provision of S.5 of Limitation Act is not applicable...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 2-- Adjustment - If not recorded as required U.O.21.R.2 CPC it cannot be recognized by the executing Court and the executability of the decree is not be effected...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 2-- Adjustment - Not recorded within time - S.5 of Limitation Act is not applicable - Alleged compromise does not effect executability of the decree and execution is not liable to be struck off/dismissed on the basis of compromise...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 102-- Transferee pendente lite - Person purchasing property from the judgment debtor during the pendency of suit has no independent right to property to resist execution of a decree...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 98, 100, 102, 29, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Rr.98 & 100 of O.21 CPC do not apply to transferee pendente lite - A transferee from a judgment debtor is presumed to be aware of the proceedings before a Court of law - R.102 recognises the doctrine of lis pendens enshrined in S.52 of TPA - So there should not be..........

Showing : 631-640 of 1413 Results