Showing : 801-810 of 1413 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 21-- Execution - Money decree - Simultaneous execution for arrest of J.D. and also to proceed against his property - It is almost a rarity - Even in the limited situations, which permit such a course, discretion is to be used, more to refuse it, than to accord permission...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40-- Execution - Detention - Before ordering detention of J.D. Court must record finding as to the existence of circumstances stipulated in clause (a) to (c) of proviso to S.51 CPC...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40-- Execution - Detention - Procedure prescribed in Rules 37 & 40 of O.21 CPC is to be followed before arrest of J.D. is ordered...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Auction purchaser - Possession - An application for possession by an auction purchaser has to be filed U.O.21.R.95 CPC within one year from the date of confirmation of sale and not from date of issuance of sale certificate - Separate suit for possession by an auction is barred under Explanation II..........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Property attached can be sold in lots...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Sale proclamation served on cashier of petitioner - Auction sale cannot be set aside merely on the ground that notice of auction sale was not given to the petitioner...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - In auction proclamation liabilities of property attached were shown only labour dues and there was no mention of electricity dues - Omission to mention electricity dues, not a ground to set aside auction sale...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Value estimated by Collector by multiplying area with circle rate - No illegality - Non mentioning of estimated value of attached property in prescribed form or sale proclamation - No substantial injury caused - Merely because land adjacent to road had been sold, no..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127-- Auction sale - Confirmed without waiting for the period of limitation to expire to file objections - Executing Court cannot take step of confirmation of sale without waiting either till the expiry of 60 days time for filing application to set aside sale or if such application is filed, till its..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91, Limitation Act, 1963, Article 127-- Auction sale - Confirmed one month before expiry of limitation of 60 days to file objections - Order confirming sale set aside - As regards limitation, left over time of about 29 days would be available to J.D. - As J.D. has paid the amount as required to be deposited U.O.21.R.89 as such four..........

Showing : 801-810 of 1413 Results