Showing : 951-960 of 1190 Results

DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32-- Mandatory injunction - Execution of decree - Decree passed for restoration of possession - Decree holder has a right to execute the decree - The executing Court can issue warrant of possession - Objector cannot turn round to say that the decree is not executable by issuing warrant of possession -..........
GUJARAT HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 98,101-- Possession - Third party objections - Present appellant filing suit in Small Causes Court for a declaration that he was the tenant of suit premises, and permanent injunction restraining respondent from executing the decree against him and taking possession from him - Question about tenancy and his..........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 103-- Person other than J.D. dispossessed in execution of decree - Application U.O.21.R.99 filed - It is mandatory for the Court to dispose of the same in accordance with Rules 100 and 101 of Order 21 CPC...........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101-- Once an application is filed by the aggrieved person under Rule 97 or 99, then Rule 101 bars the filing of a separate suit on any question arising between the parties including the questing relating to the right, title and interest in the property...........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 100, 101-- Person other than J.D. dispossessed - Such person can either file application U.O.21.R.99 before Executing Court or to file suit for restitution - Both remedies cannot be resorted to at the same time - Where person dispossessed has filed suit for restitution when his application U.O.21.R.99 is..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 2-- Execution - J.D. contending that there was a compromise between parties and that a certain sum was paid in full satisfaction of all decrees in different suits in different Courts obtained by D.H. and that therefore the decree in question is fully satisfied - Executing Court rejecting such..........
SIKKIM HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 30-- Money suit - Defendant executing receipt of loan amount but claiming that it was receipt acknowledging part payment of loan taken by plaintiff - Defendant failing to discharge onus of explaining circumstances under which said receipt was executed - Also no counter-claim or objection raised by him..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Decretal amount deposited in Court - D.H. not informed - Held, D.H. is entitled to interest upto the date he got information of deposit...........
KERALA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90-- In a case where the judgment debtor invokes S.47 of the Code, O.21.R.90 cannot be applied...........
KERALA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90-- Judgment debtor earlier applied for setting aside the sale under Order 21 Rule 90 is not estopped from filing an application under S.47 - Doctrine of election is not a bar...........

Showing : 951-960 of 1190 Results