Showing : 841-850 of 1413 Results

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-- Suit for specific performance - Objections by son that suit property is a joint Hindu family and coparcenary property and that decree cannot be executed against him - Held, son has no right to intervene in the process of sale at this stage - Coparcener shall have right to challenge the alienation..........
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...........
MADRAS HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 41, Order 21, Rule 37, 38-- Arrest & detention - J.D. a man of no means - J.D. doing coolie work - When a person does not have any means to clear of his debts, he cannot be arrested - Order directing arrest of J.D. set aside...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 54, 54-- Notice - Mere issuance of notice U.O.21.R.54(1) cannot be construed as notice U.O.21.R.54(1-A) - Only when notice U.O.21.R.54(1-A) is issued proviso to O.21.R.66(2) springs into action i.e. when notice U.O.21.R.54(1-A) is issued then no further notice as required U.O.21.R.66(2) is required...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2), Civil Procedure Code, 1908, Order 5, Rule 20, 15-- Notice - By affixture - Not a valid notice in the absence of process server making repeated efforts to effect personal service and in the absence of Court ordering to follow the procedure contemplated u/o 5 rule 20 CPC on a report of process server...........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Payments made during pendency of suit and/or execution proceedings - Adjustment - Provision of O.21.R.97 CPC cannot be invoked to make such an application...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Section 141, Order 21, Rule 10-- Implementation of judgment/order of High Court rendered in writ jurisdiction - Manner, method and procedure to be followed - Writ/mandate issued by the High Court cannot be treated as a decree, but is far more than a decree - Implementation of the orders under Article 226, not subject to any..........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Application U.O.21.R.97 filed on 14.10.2003 but Court did not pass any order and posted it for orders on 1.11.2003 - However, on 14.10.2003 order for execution of decree with police help passed - Application U.O.21.R.97 CPC will be deemed to have been dismissed...........

Showing : 841-850 of 1413 Results