Showing : 871-880 of 1413 Results

ALLAHABAD HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 146, Order 21, Rule 16-- Execution - Transferee by assignment - No transfer of decree by assignment in writing or by operation of law - Property in question sold to applicant by heirs of deceased - Applicant is thus purchaser in interest and not assignee of decree - Applicant is required to file application u/s 146 -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 9-- Attachment - Appellant purchased the property and applied for raising of attachment - Application dismissed for default - Property put to sale in auction - Application U.O.21.R.58 filed in execution - Inquiry provided U.O.38.R.8 is to be conducted like a trial in a regular suit and an order passed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment - Objections - Court is obliged to reject the objections if it considers that the objections have been designedly or unnecessarily delayed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment - Objections - Ownership claimed on the basis of Will dated 21.2.1993 - However on the basis of Will no mutation of inheritance entered and the Will did not see the light of the day till the suit property was attached - Principle laid down in O.21.R.58(1) Proviso (b) applies as the..........
KERALA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 90, 48-- Auction sale - Setting aside - Fraud - Sale can be set aside on ground of fraud - Undervaluation by itself is not sufficient to infer fraud - However gross undervaluation coupled with other circumstances such as one of the purchasers being the son of one of the J.D's and another one being a..........
KERALA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 72A(2)-- 'Reserve price' and 'upset price' - Difference - Though analogous and almost homologous are not synonymous...........
RAJASTHAN HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99-- Execution - Decree of specific performance - Objectors claiming to be in possession of suit premises but miserably failing to prove same that he was running school in premises in question - Objections rightly dismissed...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 144, Order 21, Rule 15, Civil Procedure Code, 1908, Section , Order 22, Rule 3, 4, 12-- Restitution of possession, application for - In the nature of execution - One of the decree - holders competent to apply for execution of whole of the decree for the benefit of all the decree - holders - Once decree has been set aside - Judgment - debtors as a matter of right entitled to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 97(2)-- Adjudication/enquiry - Adjudication envisaged need not necessarily be a full fledged adjudication akin to O.21.R.58 CPC - It need not be a detailed enquiry by collection of evidence - However, if evidence is necessary then parties may be directed to adduce evidence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 32, 26, Civil Procedure Code, 1908, Order 41, Rule 5-- Appeal - Order of status quo regarding possession passed in an appeal against decree of specific performance - Execution not stayed - Executing Court directed to proceed with the execution and get the sale deed executed in favour of D.H. in accordance with law...........

Showing : 871-880 of 1413 Results