Showing : 21-30 of 38 Results

SUPREME COURT OF INDIA
Year of decision: 2012
Details
Constitution of India, 1950, Article 136-- Application for interim relief with certain modifications dismissed by trial court - Order of trial court confirmed by High Court - Special leave petition thereagainst - Nothing on record to show that construction of building is complete in all respects and Completion Certificate has been issued..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Executing Court to examine the weight of the objections so raised - Framing of issues and opportunity to lead evidence not to be provided in every and all objections - Objector is duty bound to prima facie establish that there is some merit in the objections so..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99-- Eviction order - Execution - Third party objection claiming himself to be tenant - Neither any rent note nor any rent receipt or any document establishing that rent was ever paid, placed on record - In absence of any such document, status of appellant cannot be held to be that of tenant -..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Consumer Protection Act, 1986, Section 15-- Appeal - Necessary party - Impleadment of nonparty/ third party - Appellant - OP impleaded non - party/ third party on the ground that such third party is also liable either partly or wholly, even though the complainant has not sought any relief against a third party - Complainant before the..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 92(4)-- Execution - Court sale - Third party objections - Third party claiming any right over the property covered by Court sale can have recourse to Rr.97 or 99 and not by way of a separate suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Framing of issues - Issues need not to be framed when objections are by the parties to the suit nor evidence is required to be recorded, particularly when facts are undisputed - 2008(1) Civil Court Cases 364 (P&H) distinguished as in that case it was held that objections..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 38, Rule 8-- Third party objections U.O.38.R.8 - Request for raising attachment subjecting to furnishing security - In view of perishable nature of goods order passed to furnish security and thereafter raising attachment - Held, this order is not adjudicating or determining the claims made by the party for the..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Executio, Objections - Third party objections - Executing Court ordering to hold enquiry into claim/objections raised by third party - No illegality...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Third party objections - Execution of eviction order - Objections filed by J.D. dismissed and upheld upto Supreme Court - Thereafter petitioner claimed himself to be real tenant filed third party objections stating that he was not bound by the decree - Held, matter had already been..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 63, 97, 98, 101, 103-- Independent suit after dismissal of objections - Not maintainable after 1976 amendment - Decisions of objections filed by any party, which includes third party, amounts to a decree as contemplated under Rules 101 & 103 - Remedy is only appeal and not an independent suit - Order passed under Rules..........

Showing : 21-30 of 38 Results