Showing : 891-900 of 1297 Results

KARNATAKA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Decree for eviction of tenant - Possession delivered - Second application for delivery of possession on ground that he was dispossessed by J.D. by forcible re-entry into premises - Not maintainable...........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Material irregularity or fraud in publishing or conducting sale - Burden of proof is on J.D. to show that substantial injury resulted due to irregularities and fraud - Failure to discharge burden entails dismissal of application...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 1, 2-- Payment by J.D. to a partner of a D.H. firm outside Court - Binds all the partners - If any of the partners disputes he can plead and prove special circumstances and contend that the payment by the J.D. to one of the partners does not bind him and in that event the burden is on the partner who..........
BOMBAY HIGH COURT
Year of decision: 2000
Details
Arbitration Act, 1940, Section 17, Civil Procedure Code, 1908, Order 21, Rule 11(2)-- Arbitration award - Execution - Executing Court can go into the question of legal misconduct of an arbitrator and also whether the award is made without any evidence on record and if the award is made in breach of the principles of natural justice and express terms of the contract - Grant of..........
BOMBAY HIGH COURT
Year of decision: 2000
Details
Arbitration Act, 1940, Section 17, Civil Procedure Code, 1908, Order 21, Rule 11(2)-- Arbitration award - Execution - It is the duty of the executing Court to X-ray the award and to lift the veil to find out what material was available before the arbitrator to have come to his conclusions - It is not the duty of the executing Court to decide whether the award was right or wrong but..........
KERALA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 51(d), Order 21, Rule 50, Civil Procedure Code, 1908, Order 40, Rule 1-- Decree against firm - Execution - There is no bar for the Court to invoke powers U.O.40.R.1 to appoint receiver to proceed against the property of the firm...........
KERALA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 64, Order 21, Rule 90, 92-- Sale - Confirmed - Appellate Court setting it aside - Fact that it was confirmed earlier by executing Court is immaterial...........
BOMBAY HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Part payment of decretal amount from time to time - Adjustment - To be applied first towards the decretal amount which bears interest or which carries interest - It is not open for the D.H. to appropriate payments received by him to that part of the decretal liability which did not bear any..........
ORISSA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 5-- Decree sent directly to another Court for execution - Plea that it should have been sent to the District Court - Held, there is no bar for the Court passing the decree to send it directly to such other Court in another State for its execution...........
RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22-- In response to notice U.O.21.R.22 CPC if J.D. fails to raise objection, he is debarred from raising objection to executability of decree subsequently and same must be taken to be barred by time...........

Showing : 891-900 of 1297 Results