Showing : 81-90 of 1194 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Auction sale - Setting aside - Irregularities and infirmities - Applicant has to satisfy Court that he has suffered substantial injuries by such lacunae in the procedure, and Court is also required to record its satisfaction that applicant has sustained substantial injuries on account of such..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 84-- Auction sale - Deposit of 25% of purchase money - Payment by cheque - No irregularity, much less irregularity - Entire proceedings cannot be set at naught...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32-- Execution - Police protection - Decree for permanent injunction - Police protection allowed by executing Court - Order set aside by High Court - Application not liable to be dismissed merely for the reason that it was filed u/s 151 CPC and not U.O.21.R.32 CPC - Order allowing police protection..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution of decree - Suit for possession - Resistance by stranger - Mere possession of property subject matter of decree under execution is not by itself sufficient for resisting execution of said decree by stranger - Requirement of law is to establish independent legal right to possess said..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 46A-- Notice to Garnishee - Violation of Court's order of attachment by Garnishee - Recovery suit - In pursuance of notice issued, garnishee has to appear before Court and has to obtain clarification of order for safeguarding its interest, as per O.21.R.46-A CPC - In the absence of such a procedure..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of specific performance - Plaintiff directed to pay balance sale consideration, stamp duty and penalty within two months - Quantum of stamp duty not adjudicated and penalty not determined resulting in failure of decree holder to pay the same - Decree holder already paid sale..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Arbitration and Conciliation Act, 1996, Section 36, Civil Procedure Code, 1908, Order 21-- Execution - Arbitration award - It is a decree and is enforced like a decree of Civil Court by applying the provisions of O.21 of the Code and all other provisions, which deal with execution of decree of Civil Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 36-- Execution - Arbitral award - Mode of payment - Payment of decretal dues made by JD not certified by Court as contemplated U.O.21.R.2 CPC - There was neither any evidence to prove factum of payment except one copy of statement which also remained unproved - Payment made by JD to DH was not in..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Power to stay execution of a decree vests in executing Court itself and is not dependent upon any order of stay being passed by a superior Court or by a Court before which an appeal may be pending...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Mere fact that there was no specific reference to provision of O.21.R.29 CPC in the application, would not be fatal for Court to consider as to whether powers conferred thereunder were liable to be exercised or not...........

Showing : 81-90 of 1194 Results