Showing : 41-50 of 52 Results

SUPREME COURT OF INDIA
Year of decision: 1996
Details
Civil Procedure Code, 1908, Section 47-- Executing Court cannot travel beyond the order or decree under execution - Interest not part of decree - Grant of interest by executing Court is beyond its jurisdiction and is a void order...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Section 47-- In executability of decree passed by a Court having jurisdiction cannot be challenged in execution - Even an ex parte decree is executable as a contested decree...........
ALLAHABAD HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Section 47-- Execution - Order as to payment of interest - Order without jurisdiction and beyond the scope of the decree - Order set aside...........
ORISSA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Section 47-- Execution - Change of law - Change of law is not a ground which confers jurisdiction on the executing Court to unsettle a decree passed by the higher Court - In a given case if the change of law touches the inherent jurisdiction of the Court the situation may be different...........
KERALA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 47-- Decree passed without jurisdiction - Decree is a nullity - Its invalidity can be set up whenever and wherever it is sought to be enforced and even at the stage of execution and in collateral proceedings - But the same cannot be challenged on the ground that it is on wrong conclusions or on..........
BOMBAY HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 47, 34-- Decree passed in contravention or ignoring certain provisions of law is not a nullity - Where decree was drawn in breach of provisions of S.34 CPC but Court which passed the decree was one of competent jurisdiction, decree is not a nullity...........
ORISSA HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Section 47-- Executing Court cannot go beyond the decree - Court can refuse to execute a decree which is void or nullity i.e. where the court passing decree lacked inherent jurisdiction in respect of the subject matter of action - Where the terms of decree are ambiguous, the executing court can construe and..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Section 47-- Execution - Dispute as to identify of property - Executing Court is to decide the dispute and failing to do so amounts to illegal exercise of jurisdiction - Order rejecting application in which identity of property was disputed set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1989
Details
Civil Procedure Code, 1908, Section 47-- Executing Court can go behind the decree to ascertain whether Sarpanch on whose conceding statement the suit was decreed was duly authorised by a resolution of the Gram Panchayat to contest or to conduct or the defend the case, as it touches inherent jurisdiction of the Court to pass the decree...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1989
Details
Civil Procedure Code, 1908, Section 47-- Corporate body-Requires a resolution authorising a particular person to act or to conduct or to defend a a case-An act by a person not so authorised is not binding on the corporate body and a decree when so passed is without inherent jurisdiction by the Court...........

Showing : 41-50 of 52 Results