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Results of execution objections

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Showing : 351-360 of 394 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 99, 103 -- Execution - Objections by stranger - A person in possession has a right to obstruct execution of warrant of possession if he was not a party to the decree - R.97(1) is comprehensive enough to include judgment debtor and any person claiming through him and even person claiming independently, may be even..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Objections - Property purchased after passing of the decree - Person who transferred the property to the objector had prima facie no title to the property on the date of execution of the sale deed - Objections that objector was not party to the suit..........

SUPREME COURT OF INDIA

Year of decision: 2000
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree in redemption suit rejecting defence that defendant was lessee - J.D. claiming in execution proceedings that he continued to be a lessee - Rejection of claim by executing Court - High Court holding J.D. to be a lessee and mortgage deed did not terminate relationship of lessor and lessee - Held, High..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issues - Where the objections at the face of it are frivolous, malafide and are intended to obstruct the process of law, there is no restriction on the powers of the Court to summarily reject such objections...........

ALLAHABAD HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 21, Rule 52(1), 54(2), 58, 59, 66, 67, 89, 90 -- Money decree - Property attached and sold - Sales Tax and Purchase Tax due against J.D. - Subsequently State attaching the same property - Whether valid? - Petitioner purchasing property in auction sale in execution of money decree on 16.2.1982 - Sale confirmed on 25.3.1982 - Sale..........

ALLAHABAD HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 21, Rule 97(1) -- Execution - Objections by third party in possession - The same cannot be rejected on ground of maintainability - Orders passed by the two Courts below cannot be sustained - Direction to executing Court for expeditious disposal of petitioners application U.O.21.R.97(1) CPC...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 34, Rule 5 -- Preliminary decree - Decree passed that in case the defendant fails to repay the decretal amount within 3 months, final decree as per provisions of Order 34 CPC will be deemed to have been passed in favour of the plaintiff - Execution - Objection raised that execution application is not maintainable as it is filed on the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 34, Rule 5, 4 -- Composite decree - Execution of judgment and decree - Objection that execution not maintainable as the same tiled on the basis of preliminary decree and no final decree as yet has been passed - Not tenable as it was composite decree - Nature of judgment and decree shows that no further order from Court required before..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1998
Details

Civil Procedure Code, 1908, Order 21, Rule 58 -- Always open to any person claiming right, title or interest in property in dispute - To raise objections against execution of decree by filing claim petition under Order 21 Rule 58 - Decree - holder entitled to recover decretal amount from estate of deceased - Heirs of deceased (judgment - debtor) not liable to pay decretal..........

SUPREME COURT OF INDIA

Year of decision: 1998
Details

Arbitration Act, 1940, Section 14, 30, Civil Procedure Code, 1908, Section 47 -- Award made rule of Court - Party cannot raise objections during execution proceedings to assail decree as invalid merely on the ground that award was filed into Court beyond time limit prescribed in the Act...........

Showing : 351-360 of 394 Results