Showing : 981-990 of 1349 Results

KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 101-- The enquiry contemplated under R.101 is an extensive one and is a substitute for a suit - All questions relating to right, title and interest in the property arising between the parties to a proceeding shall be determined by the execution Court...........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 101-- Auction purchaser is bound to prove that the disputed property belonged to and was in the exclusive possession of the judgment debtor - Unless the auction purchaser is able to establish that he is entitled to retain possession of the property pursuant to delivery, it must be delivered back to the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 32(2)-- Warrants of possession issued by Executing Court on application by decree - holder under Order 21 Rule 32 that there has been violation of decree for permanent prohibitory injunction - Not permissible - Order 21 Rule 32(2) does not empower Executing Court to issue warrant of possession - -..........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Injunction - Execution - The decree holder has to show in the execution petition as to how the injunction order has been violated - The averments should show the acts made in violation of the decree and when it was done...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 21-- Petition U.O.1.R.10 CPC is not maintainable in execution proceedings...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 16-- Transposing of J.D. as D.H. - Transfer of 1/5th undivided share of one of the decree-holders to judgment debtor - J.D. cannot be transposed as D.H. - Provision of O.21.R.16 CPC envisages transfer of the interests of a decree holder in the decree to a third party assignee and not to the J.D. - J.D...........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Considerable difference between the value of the property shown in the sale proclamation and its real value - It is a valuable evidence of fraud on the part of the decree holder - Sale should be set aside...........
BOMBAY HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 11(2)-- Eviction decree - Execution - Filed by widow of deceased-decree holder - Plea that she was not competent to file application for execution as she was only appointed as a Court Receiver and was not `acquainted with facts of case' - Widow had deposed on behalf of landlord and it was on her evidence..........
BOMBAY HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 105, 107-- Lease - Decree of eviction of lessee of plot of land - Execution - Lessee had erected structures on suit land and inducted licensees or sub-lessees - Execution of decree obstructed by licensees/sub-lessee - No privity of contract between lessors and sub-lessees - Law recognises no independent..........
BOMBAY HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Eviction of tenant - Obstruction to execution of decree by sub-tenants on ground that there was attornment of tenancy of obstructions by landlords - Letters referred to as letter of attornment was not addressed by landlords to each and every obstructionist - Moreover, contents of letters were..........

Showing : 981-990 of 1349 Results