Showing : 901-910 of 1297 Results

RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Objections - Decision is not required to be made by adopting procedure as if it was civil suit - Objections can be decided on basis of affidavits...........
RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 11, 2(2), Order 21, Rule 22, 23-- Res judicata - Applies to execution proceedings - J.D. did not file objections to execution of decree in pursuance of notice U.O.21.R.22 within prescribed time - Court proceeding with attachment of property U.O.21.R.23 - J.D. thereafter is precluded from filing objections to continuance of..........
RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 54-- Mortgage debt - Attachment of property for that purpose - Contention that there is no requirement of attaching the property because the property is already subject to charge and attachment is wholly unnecessary - Held, mortgage and attachment operate in different fields - Property has to be..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Execution - Executing Court has no power to determine the rights of the parties with regard to all or any of the matters in controversy in the suit - Executing Court cannot decline to execute decree on ground that charge created by decree on property is invalid...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 35(1), 35(2)-- Decree for joint possession - Procedure prescribed for execution is provided in O.21.R. 35(2) and not rule 35(1) - Warrant only for symbolic possession can be issued when a decree for joint possession is under execution - Actual possession can be taken by the decree-holder only by way of partition..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99-- Execution - Objections by stranger - Objection that the property mentioned in the warrants of possession is not the subject matter of the decree and that objector is owner in possession in his independent capacity - Held, Executing Court is bound to determine and adjudicate such objections...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 99, 103-- Execution - Objections by stranger - A person in possession has a right to obstruct execution of warrant of possession if he was not a party to the decree - R.97(1) is comprehensive enough to include judgment debtor and any person claiming through him and even person claiming independently, may be..........
BOMBAY HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 35-- Obstruction by stranger to the decree - The remedy available to the decree holder against such an obstructionist is only U.O.21.R.97(1) - Decree holder cannot bypass such obstructionist and insist on reissuance of warrant for possession under O.21.R.35 with police force - Such course will amount..........
BOMBAY HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution - Pecuniary jurisdiction - Original valuation of the suit governs the jurisdiction of executing Court - It is not at all necessary to put fresh valuation...........
BOMBAY HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 101-- Powers given to the executing Court under rule 101 are not qualified or hedged by any restrictions - Executing Court is required to adjudicate upon all questions mentioned in the said rule as if it had jurisdiction to deal with every question that may so arise - By a legal fiction, an executing..........

Showing : 901-910 of 1297 Results