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Results of execution in civil procedure code

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Showing : 61-70 of 1946 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Factum of filing an application u/s 5 of Limitation Act for condonation of delay is an admission on part of petitioners that Execution petition filed by them was barred by limitation...........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 89 -- Mediation - Suit for specific performance - Civil Court by referring matter to Mediator had not sent matter for judicial settlement - S.89(2)(d) CPC thus, would apply - However, it is not the claim of plaintiff that after talks were declared successful by mediator, any further action was taken by plaintiff before civil Court -..........

GUJARAT HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........

KERALA HIGH COURT

Year of decision: 2019
Details

Family Courts Act, 1984, Section 18(3), Civil Procedure Code, 1908, Section 39(1)(a), 39(4) -- Execution - S.18(3) of Family Courts Act is subject to Ss.39(1)(a), 39(4) CPC...........

KERALA HIGH COURT

Year of decision: 2019
Details

Family Courts Act, 1984, Section 18(3), Civil Procedure Code, 1908, Section 39(1)(a), 39(4) -- Execution - Family Court which passed decree cannot execute a decree personally against JD who actually and voluntarily resides or personally works for gain or carries on business within jurisdiction of another Family Court - In such case, decree is liable to be transferred u/s..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31 -- Execution - By DRT - Objections as to validity of decree - Once issue has been decided and if party is aggrieved against the finding of Civil Court, it should have challenged at least the said issue by way of an appeal..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only objection that can be raised before executing Court is as regards decree being a nullity in true sense and not objection as regards its invalidity...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Objection of nullity can be set up even at the stage of execution or in collateral proceedings...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to invalidity of decree - When Court does not lack inherent jurisdiction, objection as to invalidity cannot be raised at execution stage or in collateral proceedings - Decree would remain a valid decree until it is set aside in appeal or SLP before Supreme Court...........

Showing : 61-70 of 1946 Results