SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 54(2)-- Auction sale - Proclamation - Proclamation of sale by beat of drum is not mandatory so long as the sale notice is proclaimed at or adjacent to the property...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Fraud or material irregularity - Must be specifically made with sufficient particulars - Bald allegations are not sufficient...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Mere establishing material irregularity or fraud is not sufficient - Applicant must establish that material irregularity or fraud has resulted in substantial injury to the applicant - Conversely even if applicant has suffered substantial injury by reason of sale,..........
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..........