Showing : 921-930 of 1194 Results

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 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..........
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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 51, 58(1), 151, Order 21, Rule 30, 37-- Proviso - Execution - By wife and minor child against husband for realisation of arrears of maintenance by arrest of husband stating that husband having necessary means to pay, neglected to pay the maintenance amount - Case of husband being total denial of existence of means to satisfy the decree..........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- Provision is mandatory - Judgment debtor should be served with proper notice before proclamation for sale is drawn up - In absence of proper notice sale of immovable property is vitiated by material irregularity...........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- A duty is cast upon the Court to see that there is proper notice to the J.D. before a proclamation of sale is drawn up...........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- If the property is large and the decree to be satisfied is small, only such portion of the property should be put to sale which is sufficient to satisfy the claim of the decree...........

Showing : 921-930 of 1194 Results