Showing : 1011-1020 of 1349 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- Objection that provisions of Order 21 Rule 66 not complied with by Executing Court before order for sale of mortgaged property was made - Rule 66(2) undoubtedly contemplates that a proclamation for sale shall be drawn up after notice to the decree-holder and judgment-debtor - Question of fact as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 34, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 92-- Order 34 Rule 5 can be exercised only before sale is confirmed - Does not give any power to Court to grant time after sale is confirmed - Sale is confirmed after objections are rejected - There can be no extension of time from date of confirmation of sale by Executing Court to the date of the..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 91-- Auction sale - Purchase money - Return of - Where auction purchaser purchased property and deposited 1/4th bid amount, he is entitled to refund of money when Court itself has declared that J.D. has no saleable interest in property in question - Where money paid by purchaser is still in deposit..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Section 4-- Auction sale - Setting aside - Deposit of sale consideration by J.D. - Court closed for summer vacation as such amount deposited on the reopening day of the Court - Deposit is to be made within 30 days of auction sale - Section 4 of Limitation Act saves only application for setting aside the sale..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 148, 151, Order 21, Rule 84, 85, 86-- Rr.84 to 86 are mandatory - 25% of the auction amount is to be deposited immediately after bid is knocked down and the remaining 75% is to be paid into Court before the close of Court on the fifteenth day from the date of sale - In case of default, Court is to resell the property - Provisions..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 85-- Deposit of 75% amount in Court within fifteenth days - 15th day expired on 29.12.1990 when Court was closed for winter vacation - Court reopened on 2.1.1991 - Application filed on 2.1.1991 but amount was deposited on 11.1.1991 - Deposit is barred by limitation - Sale is to be held nullity...........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Execution sale - Only such portion or part of property of J.D. is to be sold which would satisfy the decree - Sale not in conformity with this provision is illegal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 51(e), Order 21, Rule 30- - Arrest of judgment - debtor without complying with First Proviso to sub - clause (e) of Section 51 - Cannot be ordered - Show cause notice not issued to judgment - debtor before ordering issue of warrants of arrest relying on provisions of Order 21 Rule 30 - Order set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Arrest - Trial Court recorded the satisfaction that the payment of decretal amount cannot be recovered except by way of arrest of the judgment debtor but no satisfaction has been recorded to the effect that the judgment debtor is likely to abscond or leave the local limits of the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 37(1)- - Arrest warrant of judgment-debtor without issuing notice to show cause - Court recorded satisfaction that payment of decretal amount cannot be recovered except by arrest of judgment-debtor - No satisfaction recorded that judgment-debtor likely to abscond or leave local limits of jurisdiction of..........

Showing : 1011-1020 of 1349 Results