Civil Procedure Code, 1908, Section 47 -- Execution - Objections - A contention which should be raised in a separate suit should not be allowed to be raised by way of an application u/s 47 CPC...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Judgment of which review sought not suffering from any error apparent warranting its reconsideration - Petitioner has not produced any material to substantiate its assertion that the price mentioned in the sale deed relied upon by the courts was manipulated with an oblique motive - Review petition dismissed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections u/s 47 CPC - There is no limitation prescribed for filing of objections u/s 47 CPC...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(6), 17, 34, 35, Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Secured assets - Leasehold rights transferred to assignee of secured creditor in auction sale - Held, assignee cannot be dispossessed in execution of decree against lessee in pursuant..........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 34, Civil Procedure Code, 1908, Section 47, 34 -- Land acquisition - Interest on solatium - Specific reference of payment of interest by Reference Court but without any such reference to the payment of interest on solatium - Held, it is open to the executing Court to allow interest on the amount of solatium...........
Civil Procedure Code, 1908, Section 100A, 104, 114, Order 47, Rule 1 -- Application for review u/s 114 r/w O.47.R.1 CPC seeking review of order passed in LP - Held, even an order which is appealed against Order 43 Rule 1 read with Section 104 CPC cannot be assailed in LP in view of prohibition contained under Section 100-A of CPC which in its ambit and sweep covers an..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 102, 103 -- Execution - Objections - Transferee pendente lite - A transferee pendente lite does not acquire better right than the transferor and cannot claim any right on the basis of alleged compromise which was refused to be acted upon by the Court...........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Res judicata - Parties contested the suit and appeals treating the property described in schedule of plaint as `suit property' - Objections now raised including the objection, that suit property is 4 Decimals and not 4 Kathas and 4 Dhurs, were not raised by petitioner in earlier objection petition filed during..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Review is permissible if there is mistake or error apparent on the face of record - Error which is not self evident and has to be detected by process of reasoning can hardly be said to be an error apparent on face of record justifying court to exercise its power of review - Power of review is not permissible for an..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - In absence of any statutory provision providing for review, entertaining an application for review or under the garb of clarification, modification/correction is not permissible...........
