Showing : 841-850 of 1297 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 98, 101-- Execution - Objections - Framing of issues - Framing of issues is not always necessary - When facts are very much clear then there is no necessity of framing of issues...........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 17, Article 127-- Limitation Act does not make any distinction between a mere application to set aside sale in execution of decree and an application to set aside sale on ground of irregularity or fraud - They are governed by Art.127 - Application when based on fraud limitation starts to run only when fraud is..........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89-- Execution - Sale - Is to be in accordance with prescribed procedure - Court is bound to follow the said mandatory procedure and in no case, except where the J.D. himself gives consent, Court can dispense with or by pass the prescribed procedure for conducting sale of the immovable property of the..........
ALLAHABAD HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Execution - Transferee - A transferee of rights in the property, which is the subject-matter of the suit, may apply for execution of the decree without a separate assignment of the decree...........
DELHI HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 21, Rule 11-- Execution - Verification - Accompaniment of affidavit - Does not amount to verification - Verification in itself is an essential and independent requirement of the affidavit...........
DELHI HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 21, Rule 11-- Execution - Verification - Absence of - Held, an opportunity has to be granted to the applicant for rectifying the defect...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 35, 36-- Decree passed that actual possession shall be delivered to D.H. only on such part of the property as would be in actual possession of the defendants and will get symbolic possession of that property which is in possession of sub-tenants - D.H. seeking actual possession from sub-tenants - Allowed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 32(3)-- Violation of terms of decree - Evidence required to prove the allegations is equivalent to the one required in a criminal case and the charge has to be proved to the hilt...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 66-- Sale without notice to J.D. is nullity - Jurisdiction to sell the right arises in a Court only where the owner is given notice of the execution for attachment and sale of his property - On notice owner can offer his estimate as he is the person who intimately knew the value of his property..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Sale - Setting aside - Sale cannot be set aside merely on irregularity in publishing or conducting sale - Sale can be set aside if there is material irregularity or fraud in conducting or publishing the sale and there is irreparable injury...........

Showing : 841-850 of 1297 Results