Showing : 861-870 of 1190 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38-- Arrest warrant - Cannot be issued without holding enquiry as to whether J.D. has sufficient means, is willfully avoiding to pay decretal amount - Ex parte order of arrest passed without holding such enquiry - Exparte order set aside but directing to deposit 1/4th of the execution amount - Not..........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Deposit is a condition precedent to the making of an application to set aside a sale - When it is merely stated that J.D. is ready to deposit the amount but the amount is not deposited - Deposit not made alongwith application but subsequently - Held, such an application is not in accordance with..........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Set aside by executing Court on objections U.O.21.R.90 - District Judge setting aside order of executing Court and holding objections to be barred by time - Observation of District Judge perverse being contrary to record - District Judge failing to advert to various aspects..........
ORISSA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 22-- Notice to show cause against execution - One of the defendants expired before the final decree proceeding concluded - Objection at that stage not raised - Decree cannot be held to be a nullity on the ground that the same has been passed against a dead person...........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 52(1), 54(2), 58, 59, 66, 67, 89, 90-- Money decree - Property attached and sold - Sales Tax and Purchase Tax due against J.D. - Subsequently State attaching the same property - Whether valid? - Petitioner purchasing property in auction sale in execution of money decree on 16.2.1982 - Sale confirmed on 25.3.1982 - Sale certificate..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Structures made during the pendency of litigation - Demolition - In order to execute the decree for possession, Court can order for demolition of the existing structure made during the pendency of the litigation - J.D. cannot frustrate the decree for possession by raising construction during..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 15-- Execution - Joint decree for actual possession of immovable property - If one of the coparceners assigns or transfers his interest in the subject matter of the decree in favour of the J.D., the decree gets extinguished to the extent of the interest so assigned and execution will lie only to the..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 15-- Execution - Joint decree - Joint decree can be executed as a whole since it is not divisible and it can be executed in part only where the share of the decree holders are defined or those shares can be prescribed or the share is not is dispute as the executing Court cannot find out the shares of..........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 32(1)-- Perpetual injunction - Enforcement - Condition precedent - It must be established that party against whom decree stands, had wilfully disobeyed decree inspite of having opportunity of obeying it - Without a clear finding on this issue, Court has no jurisdiction to pass order of attachment against..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2-- Payment or adjustment of decree outside Court - D.H. or J.D. to approach Court for certifying the payment or adjustment - If payment or adjustment not certified the same would not be recognised by any Court executing the decree - Objections to this effect filed u/s 47 CPC are not maintainable and..........

Showing : 861-870 of 1190 Results