RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution - Possession of suit property - Process server reported that a lock was put on the rooms, J.D. refused to surrender the keys of the locks as those were with his wife and as such process server put a seal on the locks - This amounts to taking possession by the Court itself but it does not..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 21-- Execution of money decree - Mortgaged property ordered to be sold - Stay of sale - Revision - Revisional Court modifying rate of interest and waiving part of interest - Not correct - It is not open to High Court in revision arising out of execution proceedings to work out amount of loan due and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 100, 101-- Police assistance in execution of warrants of possession - Cannot be ordered unless application made by decree - holder under Rule 97 of Order 21 - Executing Court can only provide Police help after determining question under Rule 101 if raised under Rule 97 by making order under Rule 100...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Police help - Resistance or obstruction by J.D. - The Executing Court can provide police help after determining the question under Rule 101 if raised under Rule 97 by making an order under Rule 100 and even detention of J.D. in Civil prison under Rule 98 - However, Executing Court..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Decree - Payment - Appropriation - Such an amount is to be adjusted firstly strictly in accordance with the directions contained in the decree - In the absence of such direction, adjustments, be made firstly in payment of interest and costs and thereafter in payment of principal amount - This..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Contract Act, 1872, Section 59, 60, Civil Procedure Code, 1908, Order 21, Rule 1-- The provisions of Sections 59 to 61 of the Contract Act are applicable in cases where a debtor owes several distinct debts to one person and do not deal with cases in which the principal and interest are due on a single debt...........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 97(2)-- Eviction decree - Execution - Obstruction - Obstructor inducted by JD - Obstructor claimed possession since 1960 - Resistance not justified even if entire case of objector accepted - Framing of issues and allowing to lead evidence not required - Obstructionist is not entitled to any relief...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 58(1)-- Objections - Dismissal in limine - Court can dismiss objections in limine where it considers that the objection or claim is designedly or unnecessarily delayed, and on that count, refuse to investigate the claim...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 58(2)-- Execution - Sale of property attachment before judgment for realisation of amount due under money decree - Appellants filed claim petition to release the property from attachment based on an agreement of sale executed by J.D. and possession delivered thereunder - Holding of an enquiry by Court for..........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 57, 58, Civil Procedure Code, 1908, Order 38, Rule 5-- Execution - Dismissal for default - Effect on attachment made by Execution Court and Attachment before judgment - Dismissal of execution for default will remove only attachment made by Execution Court - However, attachment before judgment would continue without being affected by dismissal of..........