Articles for Order 21 Rule

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
2 weeks, 5 days ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property. The Court clarified that while applications under Section 47 …

Supreme Court Property Court Application Order Cpc Rule
Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
2 weeks, 5 days ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property.The Court clarified that while applications under Section 47 of …

Supreme Court Property Court Application Cpc Filed Rule
'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High Court
3 weeks, 2 days ago

'Any Person' Includes All Resisting Possession, Executing Courts Empowered To Adjudicate Obstruction Claims Under O.21 R.97 CPC: J&K High Court

Live Law  

The High Court of Jammu and Kashmir and Ladakh has reaffirmed the broad jurisdiction of executing courts under Order 21 Rule 97 of the Code of Civil Procedure. It added, “Therefore, the executing court is empowered to examine and determine such claims within the execution proceedings, eliminating the need for institution of a separate litigation” These observations arose from an …

Court Order Proceedings Suit Cpc Rule Possession
[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC
7 months, 3 weeks ago

[O.21 R.95] Buyers Of Property From Auction Purchaser Can Make Application Before Executing Court To Obtain Possession: Karnataka HC

Live Law  

The Karnataka High Court has held that purchasers of a property from the auction purchaser can make an application before the executing court for obtaining possession of the properties from the owners/occupants. Appellants argued that they being the purchasers from the auction purchaser can very much maintain an application under Order 21 Rule 95 CPC inasmuch as they stepped into …

Property Court Sale Order Auction Cpc Kar
Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations
8 months, 1 week ago

Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations

Live Law  

The Court called on a Public Servant under Section 319 CrPC without following the mandatory requirement of prior sanction to prosecute the public servant for the offence committed under the Prevention of Corruption Act, 1988. PC Act | Sanction Necessary To Summon Public Servant As Additional Accused As Per S.319 CrPC: Supreme Court Q 2. d. Both and Answer: Option …

Law Supreme Court Constitution Property Witness Criminal Procedure Sale
Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
8 months, 3 weeks ago

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

Live Law  

The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Section 96, 105 and Order IX Rule 13 - The appellant, while challenging ex parte decree by filing an appeal, can always point …

India Delhi Supreme Court High Court Judgment Procedure Court
Kerala High Court Annual Digest 2023: Part II [Citations 256-511]
1 year, 2 months ago

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]

Live Law  

Nominal Index Citations Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw 256 A single bench of Justice Viju Abraham referred to Section 22C of the Legal Services Authorities Act,1987, Regulation 33 of the Kerala State Legal Services Authority Regulation, 1998 and Regulation 17 of the National Legal Services Authority Regulations, 2009 to conclude that both …

India Justice Kerala Disciplinary Proceedings Supreme Court High Court Constitution
Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court
1 year, 9 months ago

Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court

Live Law  

The Kerala High Court recently held that an objection cannot be filed after the sale of attached property has been confirmed, as per the bar under proviso to Order 21 Rule 58. The Family Court allowed the claim petition filed by the 1st respondent and lifted the attachment finding that, there was nothing to prove title of the 2nd respondent …

Property Family Court Sale Kerala High Court Order Sold Cpc
Execution Proceedings Cannot Be Stayed If Challenge To Decree & Execution Not Before Same Court: Karnataka High Court
2 years, 1 month ago

Execution Proceedings Cannot Be Stayed If Challenge To Decree & Execution Not Before Same Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a court can exercise powers under Order 21 Rule 29 of the Code of Civil Procedure and pass order of staying the execution proceedings only if the suit challenging the decree and execution proceedings referred are pending before the same court and not before two different courts which are not of coordinate jurisdiction. …

Judgment Court Courts Order Proceedings Suit Cpc
Complete Supreme Court Yearly Digest 2022- Part-2
2 years, 1 month ago

Complete Supreme Court Yearly Digest 2022- Part-2

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

India Supreme Court High Court Judgment Court Civil Procedure Financial Institutions
Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)
2 years, 2 months ago

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

India High Court Judgment Procedure Court Civil Civil Procedure
Mere Dismissal For Default Of First Execution Petition Will Not Preclude Filing Of A Fresh One Provided It Is Within Time : Supreme Court
2 years, 3 months ago

Mere Dismissal For Default Of First Execution Petition Will Not Preclude Filing Of A Fresh One Provided It Is Within Time : Supreme Court

Live Law  

The Supreme Court observed that mere dismissal of the first execution petition on the ground of default will not preclude decree holder from filing a fresh execution petition provided it is within time. We also find merit in the contentions of the appellant that the mere dismissal of the first application on the ground of default may not result in …

Court Civil Civil Procedure Order Cpc Para Rule
Execution Court Should Attach The Debt Under Order XXI Rule 46 CPC Before Proceeding Against Garnishee Under Order XXI Rule 46A CPC : Supreme Court
2 years, 3 months ago

Execution Court Should Attach The Debt Under Order XXI Rule 46 CPC Before Proceeding Against Garnishee Under Order XXI Rule 46A CPC : Supreme Court

Live Law  

The Supreme Court observed that an Execution Court should attach the debt under Order XXI Rule 46 CPC before proceeding against garnishee under Order XXI Rule 46A of Code of Civil Procedure can be In this case, the Bhagyoday Cooperative Bank granted a financial facility to a firm Vimal Traders. In these proceedings, an application under Order XXI Rule 46A …

Supreme Court Court Civil Procedure Debt Order Cpc Para