Showing : 911-920 of 1190 Results

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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91-- Rejection of objections under Order 21 Rule 89, 90 or 91 - Executing Court bound to pass order confirming sale - Thereupon sale becomes absolute - Not correct that order confirming sale shall be deemed to have been passed only after decision of appeal etc...........
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..........
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...........

Showing : 911-920 of 1190 Results