Showing : 641-650 of 1413 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Transferee lis pendens - O.21.R.29 CPC has no application in cases of lis pendens where property is transferred by judgment debtor to a third party during pendency of proceedings - Rule 29 applies only when a suit has been instituted by a judgment debtor against the decree holder...........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- 'Necessary to satisfy the decree' - Indicates that no sale can be allowed beyond the decretal amount mentioned in the sale proclamation - If the property is large and the decree to be satisfied is small, the Court must bring only such portion of the property the proceeds of which would be..........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)(e)-- Value of the property - Court to state nature of the property to be sold - Compulsory sale of immovable property divests right, title and interest of the judgment debtor and confers those rights in favour of the purchaser - It should be endeavour of the Court to obtain adequate price of property..........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2), 90-- Auction sale - Setting aside - Sale vitiated by material irregularity within the meaning of O.21.R.90 CPC - Court below not right in dismissing the application for setting aside the sale...........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 47, 51, Order 21, Rule 32-- Decree for prohibitory or mandatory injunction - Act required to be done not enforceable specifically or an act done in violation cannot be undone - Recourse can be had to O.21.R.32(3) or O.21.R.32(5) - Compensation can be awarded U.O.21.R.32(3) though decree is silent about it - Executing court..........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Prohibitory injunction - Execution - Trees cut and removed in violation of decree - There can be no enforcement of the decree in the literal sense - Executing Court can fix the compensation, attach the property and keep it pending for six months enabling the J.D. who has violated the decree to pay..........
KERALA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- `Act required to be done' - Meaning - Not confined to O.21.R.32(5) alone as it covers O.21.R.32(1) to O.21.R.32(4) CPC as well...........

Showing : 641-650 of 1413 Results