Showing : 51-60 of 83 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102-- Specific performance decree - Execution - Objections by subsequent purchaser during pendency of suit - Transaction is barred by doctrine of lis pendens - Objections of subsequent purchaser during pendency of suit are not to be adjudicated like a civil suit but have to be summarily disposed of...........
RAJASTHAN HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Stay of execution - Petition for stay not filed alongwith objection petition - Trial Court order that stay petition be decided after hearing both the parties and fixed the stay petition alongwith main file - Held, when petitioner is not vigilant and is responsible for the delay then he is not..........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 101, 103-- Amended provisions of O.21.Rr.101, 103 as amended by Amendment Act, 1976 are retrospective in its application as no saving clause has been inserted by the legislature...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104-- Suit for specific performance - Objections by son that suit property is a joint Hindu family and coparcenary property and that decree cannot be executed against him - Held, son has no right to intervene in the process of sale at this stage - Coparcener shall have right to challenge the alienation..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104-- Execution - Objections - Framing of issues - Merely because frivolous and vexatious objections are filed with a view to delay and defeat the execution of the decree, it is not necessary that Court must frame issues and grant opportunity to the parties to lead evidence...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 101, 99, 97-- Open vacant land - In execution of decree owner dispossessed as possession reported to be delivered to D.H. - Owner looses his right and control over the land when Nazir of Court delivered possession to D.H. - Such a person can make an application to executing Court and seek adjudication of his..........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103-- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - Application is to be decided like a suit - An opportunity is to be provided to the applicant to prove his case - Unless procedure prescribed for disposal of suit is followed, claim of..........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103-- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - A person who is dispossessed of any property whether it is covered under decree or beyond the decree is entitled to make an application making grievance of such dispossession and seek for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 98, 101-- Execution - Objections - Framing of issues - Framing of issues is not always necessary - When facts are very much clear then there is no necessity of framing of issues...........

Showing : 51-60 of 83 Results