Showing : 41-50 of 131 Results

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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - When the question relating to execution and discharge/satisfaction of decree arises between the parties or their representatives, the same shall be decided by the Executing Court - Separate suit is not required to be filed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution of decree passed on the basis of family settlement - Objection as to stamp duty and registration of decree before the same can be executed - Such objections should have been raised in suit itself - Objections cannot be raised in execution proceedings - Order dismissing objections,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - At the instance of subsequent purchasers who purchased the land during pendency of suit despite status quo order - Objections that judgments debtors No.1 and 2 are minors - Minors did not raise objection with regard to execution of decree - No prejudice shown to have been..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - By subsequent purchaser who have purchased the land during pendency of suit despite status quo order - Principle of lis pendens applies - They cannot be considered as bona fide purchasers as pendency of suit itself operates as constructive notice - Held, objections not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Courts held that objections are not maintainable - But how objections are not maintainable not mentioned - Held, objections relating to execution of a decree are to be decided by the Executing Court - Although it is not necessary that Executing Court is to frame issues but..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Raised in judgment and decided against the applicant - Those questions cannot be re-agitated in execution...........

Showing : 41-50 of 131 Results