Showing : 1-10 of 37 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment - Objections - When an application is filed under O.21.R.58 CPC claiming any right or arising any objection to attachment of property, Court shall have to proceed to adjudicate upon such claim...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 21, Rule 58-- Rejection of application U.O.21.R.58 CPC - Appeal thereagainst U.O.43.R.1 CPC - Not maintainable, in view of express provision of O.21.R.58(4) CPC, as only an Execution First Appeal would be maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Auction sale - Objections raised U.O.21.R.58 CPC after confirmation of sale - Not maintainable in view of express bar created U.O.21.R.58(1) Proviso (a) CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58-- Execution - Objections - Disputes inter se between JDs cannot be adjudicated u/s 47 CPC or U.O.21.R.58 CPC...........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58-- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a claim petition...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not a..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3)-- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad faith..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58-- Attachment - Objections - Framing of issues - Though, it is not necessary to frame issues in all cases requiring adjudication of objection petition U.21.R.58 CPC, but as third party claims right, title and interest in attached property in its own right as owner, the decision of such objections not..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Executing Court cannot decide the validity of sale of property effected by virtue of a decree passed by another Court while deciding the application U.O.21.R.58 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Attachment - Objections - Not mandatory to frame issues and to allow parties to lead evidence - If from documentary evidence fact situation becomes crystal clear then court is not required to record formal or oral evidence while determining objections U.O.21.R.58 CPC...........

Showing : 1-10 of 37 Results