Showing : 751-760 of 1297 Results

SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 92, 93, Companies Act, 1956, Section 457(1)(c), Companies (Court) Rules, 1959, Rule 272, 273, 274-- Auction sale - Set aside - Repayment of purchase price - Interest - Under O.21.R.93 CPC it is discretion of Court setting aside sale either to award interest or not to award interest - Obtaining of possession by purchaser on deposit of purchase price is relevant in deciding whether purchaser would..........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Decree of restitution of conjugal rights - Execution - Wife sought execution of decree after 2-1/2 years - Decree can be executed by attachment and sale of property of defaulting party but Court cannot give physical custody of J.D. to decree holder...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 66-- Auction sale - Setting aside - Execution of exparte decree - Application for stay of execution filed in an application for setting aside exparte decree - Trial Court should not have proceeded to sell the property in post-haste manner - Sale of land without notice to J.D. on refusal report on an..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 66-- Auction sale - Setting aside - Notice U.O.21.R.66 CPC not served upon J.D. nor the valuation of property given by D.H. - Held, sale of property suffers from material illegality and irregularity and the same is liable to be set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 66-- Proclamation of sale - To be drawn up after notice to the decree holder and the judgment-debtor and is required to state fairly and accurately (i) the property to be sold or where a part of the property would be sufficient to satisfy the decree, such part; (ii) the revenue assessed upon the estate..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 66-- Auction sale - Setting aside - Proclamation of sale - Notice ordered to be issued to J.D. but not served - Proclamation did not contain the correct amount of recovery of which sale was ordered - Court did not record the satisfaction that the sale of property or part of property would be sufficient..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2(i) & 97-- Ejectment order - Execution - Objections - Fresh tenancy alleged to be created by one of the D.H. - Execution cannot be stayed - Any adjustment of decree which is not recorded by Court U.O.21.R.2(i) cannot be recognised by the executing Court and that too within the prescribed period of limitation..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 40-- Execution - Arrest and detention - Rule 40 is not only procedural but also mandatory in nature and confers certain powers upon the executing Court during the pendency of an enquiry to be conducted - `Enquiry' contemplated under rule 40 means an enquiry with regard to defence, if any, taken by J.D...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Arrest and detention - Application for arrest and detention of J.Drs. for recovery of decretal amount - Order of attachment of salary of one of the J.Drs. when application is made under rule 37 is unwarranted and uncalled for...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104-- Execution - Objections - Framing of issues - Merely because frivolous and vexatious objections are filed with a view to delay and defeat the execution of the decree, it is not necessary that Court must frame issues and grant opportunity to the parties to lead evidence...........

Showing : 751-760 of 1297 Results