Showing : 991-1000 of 1190 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 22(1)-- Execution proceedings against dead person are null and void - Auction sale - J.D. died even prior to issue of sale proclamation - Sale held against dead person without impleading L.R's and without issuing notice to them is null and void - It is immaterial whether J.D. died before or after sale..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 58(1)-- Attachment of property -Objections - When question of title and interest is involved - The proceedings are somewhat similar to that of the suit - Cannot be permitted to be limited...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment - Objections -Agreement to sell in favour of objector executed prior to order of attachment -Suit for specific performance also pending in which an order of injunction passed restraining transfer of property - Objections to attachment filed without delay -Trial Court dismissed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 58(2)-- Attachment - Question of title - All question are to be decided by the Executing Court - There is an implicit bar of an independent suit against attachment...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment - Third party objections raising question of title and interest in the property attached - Not to be rejected summarily - Seriously disputed questions of fact specially where they relate to Court records, purchase of stamp papers or a plea of fraud should and ought to be normally..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Decree for prohibitory injunction - Violation - Inspite of decree D.H. dispossessed - Restoration of possession cannot be ordered - Remedy is only by filing a fresh suit - Decree can only be executed U.O.21.R.32(1) by seeking arrest and attachment of property of J.D...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 12-A-- Decree for specific performance - Balance consideration amount to be deposited within the prescribed period - Court declines to impose any condition in the event of default - Executing Court has the power to enlarge the time for depositing the decretal amount. (Specific Relief Act, 1963, S.28(2),..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 85, 90-- Rule 85 is mandatory-Non compliance - Renders sale proceedings a complete nullity - No distinction is made between a decree-holder auction purchaser and any other purchaser...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 72-- Auction sale - Setting aside - Permission to D.H. to bid at the auction and also when upset price is proposed to be reduced - Notice to J.D. is necessary - Value of property at the time of auction was between Rs.25, 000/ - and Rs.30, 000/ - - Upset price originally fixed at Rs., 8, 000/ - but..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Inadequacy of price by itself is not sufficient to set aside sale unless inadequacy was caused by reason of material irregularity or fraud and unless it caused substantial injury to judgment debtor...........

Showing : 991-1000 of 1190 Results