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SC: Precaution to be taken by court before Granting police aid for Execution of decree

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8175 of 2019 Decided On: 21.10.2019 Om Parkash Vs   Amar Singh and Ors. Hon’ble Judges/Coram: Navin Sinha and B.R. Gavai, JJ. Citation: MANU/SC/1447/2019,2020(2) MHLJ 803 1. Leave granted. 2. The Appellant-Om Parkash is the decree holder aggrieved…

Whether Executing court can go into the question of genuineness and validity of the Will in execution of decree?

IN THE HIGH COURT OF DELHI CM (M) 49/2018, CM App. 1317/2018, CM (M) 50/2018, CM App. 1341/2018, CM (M) 67/2018 and CM App. 1713/2018 Decided On: 27.04.2020 Hari Singh Vs. Union of India Hon’ble Judges/Coram: Prathiba M. Singh, J. 1. The present petitions raise…

Whether court can Condone delay in Execution of Decree as per Section 5 of Limitation Act?

Supreme Court of India CASE NO.: Appeal (civil) 1079 of 2004 PETITIONER:Damodaran Pillai & Others RESPONDENT:South Indian Bank Ltd. DATE OF JUDGMENT: 08/09/2005 BENCH: Ashok Bhan & S.B. Sinha JUDGMENT: J U D G M E N T S.B. SINHA, J: Interpretation of sub rule…

When court should Reject application for Framing of issues in Execution of decree?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Writ Petition No. 2027 of 2018 Decided On: 31.08.2018 Kailashchandra Kedarmalji Vs. Kochaveedu Varghese Joseph and Ors. Hon’ble Judges/Coram: S.B. Shukre, J. Citation: 2019(1) MHLJ 662 1. Heard. 2. Rule. Rule made returnable forthwith. 3. Heard finally…

Whether Appellate court can grant stay to Execution of Decree if application for Condonation of delay is not decided within sixty days?

IN THE HIGH COURT OF BOMBAY AT GOA Writ Petition No. 449 of 2018 Decided On: 24.08.2018 Luis Antonio Romualdo Jesus de Maria Jose De Abreu Vs. Linda D’Souza e Fernandes and Ors. Hon’ble Judges/Coram: Nutan D. Sardessai, J. Citation:(2019) 1 MHLJ 656 1. Heard…

Whether court can entertain objection to Execution of Decree if it is necessary to investigate facts about Jurisdiction of court?

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How doctrine of constructive res judicata is applicable to execution of decree?

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18 Stages Of Civil Suit as per Civil Procedure Code, 1908

18 Stages Of Civil Suit as per Civil Procedure Code, 1908 are as under 1. Presentation of plaint. 2. Service of summons on defendant. 3. Appearance of parties 4. Ex-parte Decree 5. Interlocutory Proceedings 6. Filing of written statement by defendant 7. Production of documents…

Which objections to execution of decree can be decided by court as per S 47 of CPC?

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Whether court can take note of subsequent events in execution of decree?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 622 of 1994. Decided On: 04.02.1994 P.V. Papanna and others Vs. K. Padmanabhaiah Hon’ble Judges/Coram: S. Mohan and M.K. Mukherjee, JJ. Citation:AIR 1994 SC 1577, (1994) 2 SCC 316 Special leave granted. 1. This appeal stems…

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