Showing : 661-670 of 1207 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 20-- Enlargement of time - Rescission of agreement to sell - Suit for specific performance decreed by Trial Court - One month time specified for the execution of sale deed by judgment debtor in favour of decree holder on receipt of balance sale consideration - Delay of 4 days in deposit of balance..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1-- Withdrawal of suit without liberty to file a fresh suit - Does not constitute a decree - It does not preclude the defendant in second round of litigation raising the plea that sale deed was not true and valid...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 16(b), 16(d), 20-- Territorial jurisdiction - Suit for declaration for declaring oral Will and sale deed null & void and Decree of partition - Property situated in Pataudi (Haryana) - Suit filed in Delhi on the ground that owner of property made oral Will at Delhi - Courts at Delhi have no jurisdiction even if..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 16, 20-- Where suit falls within the preview of Sec. 16, proviso to Sec. 16 and provisions of Sec. 20 are not applicable - Proviso to Sec. 16 apply where relief sought can entirely be obtained by personal obedience of the defendant - Relief of partition, rendition of accounts, declaration of sale deed as..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Attachment of property - During pendency of execution petition son of one of the J.D. sold property - Agreement to sell was executed much prior to attachment of property though sale deed was executed later on - Petitioner second purchaser - Petitioner perfected title over property -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28-- Decree for specific performance - Extension of time to deposit balance sale consideration - Balance sale consideration was to be paid within three months of passing of the decree - Execution application filed after about 3-1/2 years of passing of the decree - Extension of time not sought..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 21, Rule 69, 92-- Execution - Auction - Confirmation - Until Court accepts offer by confirmation of sale there is no binding contract - Auction purchaser has no locus or any right in property till sale is confirmed - Confirmation of sale can be refused in view of higher offers received...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 21, Rule 64-- Execution - Only such portion of property is to be sold in execution which is sufficient to satisfy the decree - Sale held without examining this aspect and not in conformity with this mandatory requirement is illegal and without jurisdiction...........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 2(12)-- Mesne profits - Sale deed in respect of half portion declared void - Vendee not in wrongful or unlawful possession - Mesne profits cannot be claimed...........

Showing : 661-670 of 1207 Results