Showing : 921-930 of 1349 Results

KERALA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 64, Order 21, Rule 90, 92-- Sale - Confirmed - Appellate Court setting it aside - Fact that it was confirmed earlier by executing Court is immaterial...........
ORISSA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 5-- Decree sent directly to another Court for execution - Plea that it should have been sent to the District Court - Held, there is no bar for the Court passing the decree to send it directly to such other Court in another State for its execution...........
RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22-- In response to notice U.O.21.R.22 CPC if J.D. fails to raise objection, he is debarred from raising objection to executability of decree subsequently and same must be taken to be barred by time...........
RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Objections - Decision is not required to be made by adopting procedure as if it was civil suit - Objections can be decided on basis of affidavits...........
RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 11, 2(2), Order 21, Rule 22, 23-- Res judicata - Applies to execution proceedings - J.D. did not file objections to execution of decree in pursuance of notice U.O.21.R.22 within prescribed time - Court proceeding with attachment of property U.O.21.R.23 - J.D. thereafter is precluded from filing objections to continuance of..........
RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 54-- Mortgage debt - Attachment of property for that purpose - Contention that there is no requirement of attaching the property because the property is already subject to charge and attachment is wholly unnecessary - Held, mortgage and attachment operate in different fields - Property has to be..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Execution - Executing Court has no power to determine the rights of the parties with regard to all or any of the matters in controversy in the suit - Executing Court cannot decline to execute decree on ground that charge created by decree on property is invalid...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 35(1), 35(2)-- Decree for joint possession - Procedure prescribed for execution is provided in O.21.R. 35(2) and not rule 35(1) - Warrant only for symbolic possession can be issued when a decree for joint possession is under execution - Actual possession can be taken by the decree-holder only by way of partition..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99-- Execution - Objections by stranger - Objection that the property mentioned in the warrants of possession is not the subject matter of the decree and that objector is owner in possession in his independent capacity - Held, Executing Court is bound to determine and adjudicate such objections...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 99, 103-- Execution - Objections by stranger - A person in possession has a right to obstruct execution of warrant of possession if he was not a party to the decree - R.97(1) is comprehensive enough to include judgment debtor and any person claiming through him and even person claiming independently, may be..........

Showing : 921-930 of 1349 Results