Showing : 881-890 of 1297 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 69(2)-- Sale - Adjournment - Fresh publication of sale notification - If interval between one adjournment and the other is less than 30 days then fresh sale publication need not be made - Taking aggregate of all adjournments not permissible - Even if there is any irregularity in publication of sale..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Court sale - Setting aside - Once a decree is passed and sale notification issued, decree cannot be treated as instalment decree merely because J.D. paid some amount on each and every date to which execution was adjourned for sale of property at his instance and D.H. accepted the amount paid -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Sale - Setting aside - Upset price fixed by Court taking into account value fixed by Court amin and also relying on sale deeds produced - Objection not taken by J.D. about the value at the time of sale notification or subsequent thereto - Held, value fixed by Court is proper...........
PATNA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 99-- No actual physical dispossession in execution of decree - As such application U.O.21.R.99 is not maintainable - So adjudication of right of third party and claim over the property is outside the scope and jurisdiction of executing Court...........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 76, 79(3), 80-- Execution - Sale of shares - Restriction on transfer by Articles of Company - Held, Court sale of such shares does not have effect of removing restriction - Company is well within its right to refuse to register transfer of shares in favour of auction purchaser...........
BOMBAY HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 84-- Auction sale - Auction purchaser has to deposit 25% of purchase money immediately - Sale to be continued on failure to deposit this amount - Period to deposit cannot be extended - Failure to deposit renders sale a complete nullity and confirmation thereof and issuance of sale certificate has no..........
ALLAHABAD HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 99-- Eviction decree - Execution - Objection by stranger - Not maintainable - If he is in possession in his own right he can put resistance at time of delivery of possession - After dispossession he can take resort to O.21.R.99 - Even on facts appellant being son of tenant and having knowledge of suit..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 6, Civil Procedure Code, 1908, Order 21, Rule 10-- Decree to be drawn in consonance with the judgment - If a decree has not been drawn up in consonance with the judgment, the same cannot be given effect to...........
DELHI HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 21, Rule 26-- Ex parte decree - Setting aside - Stay of execution - In case execution of decree not stayed, whole purpose of filing application U.O.9.R.13 CPC would be defeated - Moreover, in terms of the directions of Court, defendant has already deposited a sum of Rs.20, 000/- - Execution of exparte decree..........
KERALA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 58(5)-- Clause (5) does not give any right to file fresh suit to a person against whom the claim is upheld. (Specific Relief Act, 1963, S.6)...........

Showing : 881-890 of 1297 Results