Showing : 861-870 of 1297 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 94-- Auction sale - Sale certificate - Can be issued only in favour of a person who was the purchaser in Court auction - Neither transfer nor assignment by purchaser in favour of other petitioners - Nothing to show that participation by purchaser was on behalf of other petitioners also - Theory put..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 84-- Provision is mandatory - Officer conducting auction at spot has to issue a certificate that he accepts the final bid made by such and such person - There is no sale if no such certificate has been issued by him...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction - Setting aside - An application to set aside sale on the ground of material irregularity or fraud in publishing or conducting sale is maintainable - Where fraud was perpetrated, length or time would not be admitted to refuse relief...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 90-- Auction sale - Setting aside - Objections to attachment and proclamation of sale can be raised after sale is conducted if J.D. had no notice of attachment or the factum of the proposed sale...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 65-- Sale ordered to be conducted by SDO(C) so that the land could fetch more - However, auction not conducted by SDO(C) - Held, land could have fetched more if it had been sold by SDO(C)...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Decree for injunction - Executing Court supposed to pass order only if some wilful violation of decree is alleged and proved on the part of judgment - debtor and not otherwise - Once proved that judgment - debtor not made any violation of decree - No option left with Executing Court except to..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 32(5)-- Power can be exercised if some decree granting mandatory and prohibitory injunction has been passed - In absence of such injunction Executing Court not justified to exercise powers under Order 21 Rule 32(5) - Bawa Singh's case 1969 PLR 516 and Mst. Hajra's case AIR 1986 J& K 84 Not Applicable...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Article 127-- As amended in 1974 - Auction sale - Setting aside on deposit - Limitation is 60 days as prescribed under Art.127 Limitation Act (Amended in 1974) and not 30 days as prescribed under Order 21.R.92(2) CPC...........
KERALA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99-- Mere possession of claimant is not sufficient - Claimant has also to show a right to possession independent of the J.D...........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 54, 55, 58-- Attachment order - Withdrawal or varying the attachment order - Without determination of the questions U.O.21.R.58(2) Court has no jurisdiction to pass any order varying the orders of attachment...........

Showing : 861-870 of 1297 Results