Showing : 851-860 of 1297 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Mere inadequacy of price is not a ground to set aside auction sale - However if there is material irregularity in conducting the sale leading to substantial injury to J.D. then sale has to be set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 127-- Auction sale - Setting aside - Limitation - Notice not given to J.D. for drawing up sale proclamation - Sale is a nullity - There is no question of 60 days limitation in making application for setting aside sale...........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections by a stranger are maintainable - All the disputes between a third party and decree holder must be decided in the execution proceeding itself...........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97-- Stay of execution during pendency of application U.O.21.R.97 - Executing Court is competent to grant stay of execution under section 151 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Possession - Obstruction from 'Any person' - All questions including questions relating to right, title or interest in the property arising between the aggrieved party whether he is the decree holder or any other person in possession of the immovable property under execution shall be..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103-- Execution - Possession - Any person claiming title to the property - Executing Court to consider all questions raised by the person offering obstruction and to pass appropriate order which is to be treated as a decree...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 11-- Execution - Stay by appellate Court - When appeal is dismissed affirming the decree without any alteration then execution petition filed earlier can be continued...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 11-- Execution - Decree of eviction, arrears of rent and damages - Objection as to title of D.H. - Looked in by execution Court though not called for and decided in favour of appellant - High Court found fault with it and ordered for fresh execution - Not legal - High Court's view held to be suffering..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 2, 95-- Execution - Satisfaction/adjustment of decree - Delivery of actual possession is a must - Till actual possession is delivered to the D.H., there is no adjustment/satisfaction of the decree under execution...........

Showing : 851-860 of 1297 Results