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Articles for Order Xxi

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 01 to 09]
2 weeks, 3 days ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 01 to 09]

Live Law  

Supreme Court Weekly Digest March 2025 274 to 2025 LiveLaw 297) Advocate Advocate-Client Relationship - Undertakings given by advocates must be with the client's express authorization. 4 SCC 307, Lavanya C v. Vittal Gurudas Pai, 2025 LiveLaw 290 Code of Criminal Procedure, 1973 Section 319 and 401 - Summoning Additional Accused - Revisional Jurisdiction - Relation Back - Trial Court's …

India Tamil Nadu Delhi Supreme Court High Court Goa Trial
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
Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)
2 months, 3 weeks ago

Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)

Live Law  

SUPREME COURT ANNUAL DIGEST 2024 - CODE OF CIVIL PROCEDURE, 1908 Section 9 and Order 7 Rule 1 - Jurisdictional Fact and Maintainability of Suit - The issue of maintainability of a suit pertains to the jurisdiction of the trial court and strikes at the root of the proceedings under Order VII Rule 1, CPC. Shri Mukund Bhavan Trust v. …

Supreme Court High Court Trial Procedure Court Specific Performance Civil Procedure
Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
3 months ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Delhi Supreme Court High Court Court Proceedings Bihar Constitution
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
The Complete Supreme Court Annual Digest- 2023 [Part-III]
11 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Live Law  

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw 596 Section 33 - Judgment and decree Code of Civil Procedure, 1908; Section 33, Order XX Rule 4, 5; Order XLI Rule 23, 23A, 24 and 25 - Remand - High Court passed order …

India Odisha Delhi Supreme Court High Court Bihar Constitution
Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
1 year, 1 month ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

Writ Jurisdiction Court Civil Writ Survey Execution Approach
Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
1 year, 2 months ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

India Supreme Court High Court Procedure Court Civil States
Supreme Court Complete Half Yearly Digest 2023
1 year, 3 months ago

Supreme Court Complete Half Yearly Digest 2023

Live Law  

A Access to Justice Fundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. Animal Welfare Board of India v. Union of India, …

India Odisha Kerala Delhi Supreme Court High Court Bihar
Third Party Having Interest In The Immovable Property Can Challenge The Award Before The Executing Court If The Award Was Obtained Fraudulently: Sikkim High Court
1 year, 6 months ago

Third Party Having Interest In The Immovable Property Can Challenge The Award Before The Executing Court If The Award Was Obtained Fraudulently: Sikkim High Court

Live Law  

The High Court of Sikkim has held that a third party/objector can file a petition under O.XXI R.97 R/W Section 47 of CPC before the Executing Court if it can be shown that the arbitral award in respect of the immovable property is a nullity or obtained by fraud. The Court also held that since Section 34 of the A&C …

Property Court Party Order Respondent Proceedings Cpc
Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
1 year, 6 months ago

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court

Live Law  

The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90 CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court …

Property Court Sale Kerala High Court Order Cpc Code
Execution Petition Can't Be Dismissed As Inexecutable Merely Because Property's Possession Is Lost To Third Party : Supreme Court
1 year, 7 months ago

Execution Petition Can't Be Dismissed As Inexecutable Merely Because Property's Possession Is Lost To Third Party : Supreme Court

Live Law  

The Supreme Court has ruled that the Executing Court cannot dismiss an execution petition by treating the decree for possession as inexecutable, merely on the basis that the property has been lost to a third party/encroacher. “If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over …

Supreme Court Court Civil Procedure Land Party Order Suit
Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908
1 year, 7 months ago

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908

Live Law  

Section 10 - Stay of Suit Code of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned …

Supreme Court High Court Court Civil States Civil Procedure Courts
When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent
1 year, 7 months ago

When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent

Live Law  

The Supreme Court recently referred a pertinent question of law for reconsideration by a larger bench. The Supreme Court bench comprising Justices Abhay S. Oka and Justice Rajesh Bindal was hearing an appeal against a Kerala High Court judgment which dismissed the revision application by holding that the starting point of limitation for making an application under Rule 95 of …

Supreme Court Court Sale Application Limitation Act Order Limitation
Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court
1 year, 7 months ago

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court

Live Law  

The Kerala High Court on Wednesday clarified that a person, including a stranger to the suit apart from the judgment debtor or those claiming derivative title from the judgment debtor, is competent to challenge a sale of property under Order XXI Rule 90 of the CPC if their interests are affected by the sale.A Division Bench of Justice Anil K …

High Court Judgment Fraud Court Sale Kerala High Court Order
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
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
Execution Petitions Must Be Disposed Of Within Six Months ; Courts Must Record Reasons If Unable To : Supreme Court
2 years, 4 months ago

Execution Petitions Must Be Disposed Of Within Six Months ; Courts Must Record Reasons If Unable To : Supreme Court

Live Law  

The Supreme Court reiterated that the execution petitions must be disposed within six months from the date of filing.The Execution Court is duty bound to record reasons in writing when it is unable to dispose of the matter, the bench of Justices KM Joseph and Hrishikesh Roy said.In this case, the decree holder approached the Punjab and Haryana High Court …

Record Supreme Court Writing Court Courts Order Proceedings
Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
2 years, 5 months ago

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]

Live Law  

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

India High Court Procedure Court Civil Civil Procedure Courts
Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]
2 years, 8 months ago

Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]

Live Law  

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment Case Title: RAKESH KUMAR v. VIJAYANTA ARYA AND ORS Citation: 2022 LiveLaw 1 In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid down by …

India Delhi High Court Spa Reproductive Rights Trial Chennai
Purchaser Of Suit Property Cannot File Application Under Order XXI Rule 97 CPC Objecting Execution Of Decree By Decree Holder: Supreme Court
2 years, 8 months ago

Purchaser Of Suit Property Cannot File Application Under Order XXI Rule 97 CPC Objecting Execution Of Decree By Decree Holder: Supreme Court

Live Law  

The Supreme Court observed that purchaser of the suit property from the decree holder is not entitled to file an application under Order XXI Rule 97 of Code of Civil Procedure Code, 1908 objecting execution of the decree by the decree holder.BackgroundIn this case, a Suit filed by late Shri N.D. Mishra was decreed by the Trial Court restraining the …

Supreme Court Property Court Civil Procedure Trial Court Application Order
CPC| Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt: Kerala High Court
2 years, 9 months ago

CPC| Order For Rateable Distribution Of Property Among Various Decree Holders Bars Them From Setting-Off Their Individual Debt: Kerala High Court

Live Law  

The Kerala High Court recently ruled that under the Code of Civil Procedure, when there is an order of rateable distribution for a property in favour of separate decree holders, one of them cannot claim to set-off their entire debt from the sale proceeds. "A conjoint reading of Section 73 and Order XXI Rule 72 would show that whenever a …

Property Court Sale Order Cpc Set 1St
Delhi High Court Quarterly Digest: January To March 2022 [Citations: 1 - 265]
2 years, 9 months ago

Delhi High Court Quarterly Digest: January To March 2022 [Citations: 1 - 265]

Live Law  

CITATIONS 2022 LiveLaw 1 TO 2022 LiveLaw 265 Nominal Index RAKESH KUMAR v. VIJAYANTA ARYA AND ORS 2022 LiveLaw 1 xyz v. GNCTD 2022 LiveLaw 2 FUTURE RETAIL LTD. Faceless Assessment Scheme Does Not Mean No Personal Hearing, Mandatory Requirement U/S 144B Of Income Tax Act: Delhi High Court Case Title: Bharat Aluminium Company Ltd. v. Union of India & …

India Delhi High Court Spa Reproductive Rights Trial Court