Showing : 681-690 of 1297 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 67(1), 54(2)-- Auction sale - Order of trial Court that sale should be given wide publicity - That does not necessarily mean by publication in the newspaper - Provision of O.21.R.67 clearly provide that if sale is to be advertised in the local newspaper, there must be specific direction of Court to that effect -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 34-- Specific performance - Execution of decree - Mistake as to western boundary - D.H. is entitled to take property as per schedule mentioned in the agreement and not beyond that - Courts are bound to see entire record to find out real property agreed to be sold...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 40-- Appearance - Use of word `appearance' in O.21.R.37(1), O.21.R.40(2) & O.21.R.40(3) connotes the physical appearance of J.D. and not appearance through recognized agent or pleader...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 40-- Execution - Money decree - Arrest and detention of J.D. - Notice for appearance issued - J.D. appeared through Advocate - Order issuing warrant of arrest upheld, as appearance contemplated is appearance in person and not through recognized agent or pleader...........
MADRAS HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 37, 39, 40-- Execution - Money decree - Arrest & detention - Executing Court shall hold an enquiry and give a finding to the correct means of J.D. to discharge the decree before ordering arrest - Order passed without conducting such enquiry and without following procedure bad in law and set aside...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 103-- Application U.O.21.R.97 - Adjudicatory order is treated as decree against which an appeal and not revision is maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22-- Objections in execution of a decree are to be gone into by the Executing Court - Objection that the self acquired property of the LR's of JD cannot be attached and sold in execution of the decree passed against the JD, is a question to be determined by the Executing Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Registration Act, 1908, Section 17(2)(vi), Civil Procedure Code, 1908, Order 21, Rule 1-- Adjustment of decreetal amount - Registration of adjustment/compromise - Money decree - Judgment debtor can enter into a compromise to adjust the decreetal amount against the immovable property - Adjustment/Compromise will not require registration u/s Sec. 17(2)(vi) of Registration Act. Bhoop..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 2-- Execution of money decree - Whether J.D. can entered into compromise to adjust decretal amount against the immovable property. Held - Yes. It is open to J.D. to make the payment of decree in Court or to record the decree as adjusted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 37, Rule 1, 2, Contract Act, 1872, Section 59, 60, 61-- Rule of appropriation of payments by J.D. towards decretal amount - Payment has to be adjusted strictly in accordance with directions contained in the decree - In the absence of such directions, adjustment has to be made towards interest and cost in the first instance and balance towards principal..........

Showing : 681-690 of 1297 Results