Showing : 941-950 of 1190 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 92, 93, 94-- Auction sale - Supreme Court while upholding the confirmation of sale only enhanced the amount of consideration to balance the equities between the parties - Held, order cannot be construed to alter the nature of the transaction from a sale in accordance with Order 21 CPC to a private sale...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21-- Sale certificate - The interpretation and meaning given to the sale certificate should be one which would lend support to the validity of the sale certificate...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108-- Granting of opportunity to objector while entertaining objections under Section 47 read with Order 21 Rules 97 to 108 - Does not amount to permission for abusing the process of law or Court - Not incumbent upon Executing Court to put to trial every objections filed in execution proceedings -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Arrest of J.D. - Allowing of such application without conducting enquiry as to means of J.D. - Improper exercise of jurisdiction - Impugned order set aside and matter remanded for fresh disposal after conducting enquiry...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 40-- Execution - Arrest warrant - A person cannot be arrested and sent to jail in execution of a money decree without giving him an opportunity and without conducting an enquiry as to his means - Mere inability to pay the decretal amount is not a ground to send a person to jail - Even if notice is..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5-- Provision of S.5 Limitation Act is not applicable to proceedings under Order 21 CPC...........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 39-- J.D. - Arrest warrant - Unless decree-holder deposits amount of subsistence allowance as determined by Executing Court, no order can be issued for arrest of judgment-debtor...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 41-- Money decree - Execution - Arrest of J.D. - Burden lies on J.D. to satisfy the Court that he is a small farmer and has no means to pay the decretal amount - Finding of Executing Court that D.H. failed to establish the means of J.D. - Erroneous - In execution proceedings, Executing Court should..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Material irregularities - Substantial injury to person entitled to claim rateable distribution - Correct date of auction sale not shown in auction sale - Location of property put to sale not shown - Extent of lands for sale and valuation of property not correctly..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 73, Order 21, Rule 90-- Auction sale - Locus standi of third party decree holder to get the auction sale set aside - A decree holder in another suit whose decree is not yet satisfied and whose execution petition is still pending has locus standi to file an application in another execution petition by another..........

Showing : 941-950 of 1190 Results