Search Results for "Order 21 Rule 32 CPC"

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Search Results for "Order 21 Rule 32 CPC"

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High Court

Bombay High Court Quashes Detention Order in Execution Proceedings for Violation of Natural Justice — Failure to Issue Notice Before Ordering Civil Prison Vitiated Order. The court held that before ordering arrest and detention in civil prison for breach of decree, the executing court must issue notice and afford an opportunity of hearing to the judgment debtor, as per principles of natural justice and Order 21 Rule 32 CPC.

23 Jan 2026

The petitioners, judgment debtors in execution proceedings arising from Regular Civil Suit No. 456 of 2002, challenged the order dated 18.04.2023 pass...

High Court

Madras High Court Allows Husband's Appeal and Grants Divorce Decree Under Section 13(1A)(ii) Hindu Marriage Act Due to Wife's Failure to Enforce Restitution Decree. Trial Court Erred in Holding Fresh Petition Not Maintainable and in Treating Police Complaint as Enforcement Step.

21 Mar 2025

The marriage between the appellant (husband) and the respondent (wife) was solemnized on 2 February 2009 according to Hindu rites and customs. They li...

High Court

Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

30 Jul 2024

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

High Court

High Court of Karnataka Quashes Execution Court Order Restricting Eviction Decree to 1500 sft. — Decree-Holder Entitled to Possession of Entire Demised Premises Including 150 sft. Staircase Area. Execution Court Cannot Modify Decree by Excluding Part of Demised Premises Based on Alleged Admission in Execution Proceedings.

8 Feb 2021

The petitioners, as decree-holders in Execution Petition No. 457/2020, filed a writ petition under Article 227 of the Constitution of India challengin...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Execution of Permanent Injunction Decree Against Legal Representatives. Decree for Permanent Injunction Binds Legal Representatives of Deceased Judgment-Debtor Under Section 50 CPC and Order 21 Rule 32 CPC.

26 Aug 2014

The petitioners, widow and children of Divira Bolu, challenged the orders passed by the II Additional Civil Judge and JMFC, Kundapura, in Execution Pe...

High Court

Bombay High Court Allows Execution of Order Under Section 36 CPC Despite Not Being a Decree — Remands for Consideration Under Order 21 Rule 32 CPC. The Court held that an order is executable under Section 36 CPC and the Executing Court must adjudicate on willful disobedience before invoking Order 21 Rule 32.

7 Dec 2011

The petitioner, original defendant in a suit, sought execution of an order dated 4-10-2004 passed in Appeal from Order No.831 of 2009, which recorded ...

High Court

Bombay High Court Sets Aside Civil Imprisonment Order in Injunction Execution Case — Executing Court Must Record Willful Disobedience Before Ordering Detention Under Order 21 Rule 32 CPC. The Court held that an order for civil imprisonment under Order 21 Rule 32 of the Code of Civil Procedure, 1908 cannot be passed without a finding of willful disobedience of the decree.

5 Dec 2011

The case arises from a dispute over land bearing Gat No.386 admeasuring 4 Hectres and 38 R situated at Mauze Padali, Tal. Sinnar Dist. Nashik. The Res...

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