Showing : 41-50 of 75 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, Section 47,38-- Order 21 - Rate of interest awarded by competent Court - Not within jurisdiction of Executing Court to hold whether same correct or not - Mortgage suit based on specific contract between the parties, Court passed decree granting interest @ 12.5% per annum and said decree became final and binding..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, Section 47,34-- First Proviso - Executing Court bound to execute decree as it is - No jurisdiction to modify or vary decree unless it is shown that decree is without jurisdiction or is otherwise void - Objection that interest could not be granted at the rate of 10-1/2% as loan taken for agricultural purpose -..........
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...........

Showing : 41-50 of 75 Results