Showing : 41-50 of 146 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 47-- Execution - Objections - Decree of specific performance - DH/vendee did not deposit the balance amount within time, nor he filed any application for making deposit or extension of time for deposit of balance amount - Even no explanation has been given for the same - Decree of specific performance..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Dismissal - Appeal not maintainable against dismissal of objections u/s 47 CPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Framing of issues - Decree of possession - Plea of renewal of tenancy by accepting rent - Mode and manner qua tendering of rent not specifically pleaded in objections - Held, framing of issues beyond pleadings and allowing opportunity to lead evidence beyond pleadings is..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35-- Execution - Objections - J.D. by repeated applications obstructing and frustrating execution of decree - J.D. creating unwarranted hurdles in the execution of decree - Held, making of such repeated applications, particularly frivolous applications, is certainly not the right of any J.D. -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Compromise decree - Objection - Once the compromise decree is clear and unambiguous and the same has attained finality, executing Court cannot traverse beyond the said decree unless the same is a nullity or without jurisdiction - Court below committed error by allowing application u/s..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - In order to bring a question within the power of Executing Court to decide u/s 47 CPC, the question should be between the parties to the suit or their representatives and also it should be one relating to the execution, discharge or satisfaction of the decree...........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - At the instance of a party who was proceeded ex parte in the suit and objections not relating to the execution, discharge or satisfaction of decree - Not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Transfer of Property Act, 1882, Section 52-- Execution - Objections - Transferee pendente lite has no right to resist or obstruct execution of decree - Resistance at the instance of such person/transferee or obstruction by a person on the basis of such right is not entitled to claim adjudication, rather it is a mere attempt just to delay the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Execution - Objections - Framing of issues - When on its face, objections are found to be frivolous, no issues are required to be framed...........

Showing : 41-50 of 146 Results