Showing : 901-910 of 1190 Results

KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Allegation of irregularity in publishing and conducting sale - Omission to mention encumbrances in sale proclamation - It cannot be said that such omission can by itself be injurious to J.D. because it is likely to persuade auction purchasers to offer higher price -..........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 90, 66-- Auction sale - Setting aside - Allegation of irregularity in publishing and conducting sale - Omission to mention encumbrances in sale proclamation - J.D. duly served with notice for drawing up of sale proclamation - J.D. remained absent and did not raise objection to proclamation drawn up and..........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Stay - Pendente lite purchaser - When a pendente lite purchaser challenges a decree which is binding on him, the Court has a duty to find out whether any case has been made out to stay the execution of the decree - Stay application cannot be rejected on the sole ground that he is a..........
BOMBAY HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Land of J.D. attached - Said land shown to have been transferred to minor son of judgment debtor under mutation entry without executing any conveyance - Application for raising attachment filed by minor son allowed by Court without there being any evidence of title of transferee son -..........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 23, Rule 4, Civil Procedure Code, 1908, Order 21, Rule 95-- Agreement between D.H. and J.D. - Executing Court is competent to enforce an agreement entered into between the decree-holder and the judgment debtor in the course of execution proceedings if the agreement is a lawful one, not extraneous to the decree but on the other hand governs the liability..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 21, Rule 103-- Prior to amendment - The benefit of the provision of S.14 of the Limitation Act can be extended to a suit filed by the plaintiff U.O.21.R.103 CPC as it stood before its 1976 amendment...........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - If the party is able to prove that he has incurred a substantial loss and that he has got a fairly arguable question, then the Court has certainly enough to grant a stay - Delay is one of the factors which would also weigh the mind of Court in granting the stay...........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Sale - Conducted on 2.1.1989 and application U.O.21.R.90 filed on 16.2.1989 - Application is within time as limitation for filing such application is 60 days from date of sale...........
KARNATAKA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Execution - Only that much of the property is to be sold which is sufficient to satisfy the decree - Order of sale without considering this aspect - Sale can be said to be illegal and null and void...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 47, Order 21-- Frivolous objections in execution intended to delay process of law - Ought to be rejected at the threshold as being abuse of process of law - Not incumbent on Executing Court that it must put to trial every objection filed to execution proceedings - Granting of opportunity to objector to prove his..........

Showing : 901-910 of 1190 Results