Showing : 951-960 of 1349 Results

RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- `Any person bound by the decree' - Eviction decree - Compromise decree on basis of compromise between landlord and one `S' held valid upto Supreme Court - School coming in possession over the disputed premises only on the basis of tenancy rights of `S' and thus School has no independent right or..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 34, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 89, 90-- Mortgage money - Deposit - Mortgagor can deposit mortgage money at any time before confirmation of sale - Steps U.O.34.R.5 taken before confirmation of sale - Order confirming sale would not become absolute till disposal of appeal, if filed, against confirmation of sale - Application to set aside..........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 85-- Provision is mandatory - Court has no jurisdiction to extend time - If auction purchaser does not deposit 3/4 of the balance amount required within the statutory period, the auction itself becomes non est and the entire sale proceedings a nullity...........
KARNATAKA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Only that portion of the property which is sufficient to satisfy decree be put to sale - Sale of property worth more than rupees one lakh for just Rs.35, 000/- for satisfying decree for Rs.6, 022, held, is illegal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35, Specific Relief Act, 1963, Section 22-- Specific performance - When a suit for specific performance is decreed for possession in favour of plaintiff against vendor and his transferee who were held to be not bona fide or whose transfer is without consideration, all these parties are bound by decree irrespective of the fact whether a..........
KERALA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 26-- Appeal - Pendency of application for condoning delay - Appellate Court, till then, is prevented from considering the application for stay of execution - Held, Executing Court can grant stay of execution in the meantime invoking the power U.O.21.R.26 CPC...........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 11(2), Civil Procedure Code, 1908, Order 20, Rule 6-A, 7, Limitation Act, 1963, Article 136-- Execution - Limitation - Starting point - Decree becomes enforceable the moment the judgment is delivered and merely because there is delay in drawing up the decree, it cannot be said that the decree is not enforceable till it is prepared - Decree would be deemed to come into existence immediately..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 66(2)-- First Proviso - Ordering proclamation without issuing notice to J.D. for settlement of terms - Not legal - Opportunity be given to J.D. to furnish necessary details as to value of property to be sold before issuing proclamation...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38-- Arrest warrant - Cannot be issued without holding enquiry as to whether J.D. has sufficient means, is willfully avoiding to pay decretal amount - Ex parte order of arrest passed without holding such enquiry - Exparte order set aside but directing to deposit 1/4th of the execution amount - Not..........
RAJASTHAN HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Deposit is a condition precedent to the making of an application to set aside a sale - When it is merely stated that J.D. is ready to deposit the amount but the amount is not deposited - Deposit not made alongwith application but subsequently - Held, such an application is not in accordance with..........

Showing : 951-960 of 1349 Results