Executable - Year 1929 - Judgments

Nov 19 1929 (PC)

Nannu Mal Vs. Ram Chander and ors.

Court: Allahabad

Decided on: Nov-19-1929

Reported in: AIR1931All277

..... of either section 63 or section 70 32 the contesting defendant purchased this platform in execution of a decree on a previous mortgage obtained without impleading the subsequent mortgagee it seems ..... enforcement of the mortgage without impleading the puisne mortgagee they obtained a decree and in execution thereof the property hypothecated was sold and was purchased partly by the mortgagees and partly .....

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Jul 17 1929 (PC)

(Raja) Promothanath Malia Vs. H.V. Low and Co.

Court: Kolkata

Decided on: Jul-17-1929

Reported in: AIR1930Cal502

..... question the question therefore reduces itself into this whether the decree in question could be executed by the sale of the colliery which admittedly is outside the jurisdiction of this court ..... over immovable property situate outside the limits of calcutta in other words the supreme court executed its decrees by the appointment of receivers of immovable property outside calcutta 25 this practice .....

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Feb 25 1929 (PC)

G. Atherton and Co. Vs. S. Habib Baksh

Court: Allahabad

Decided on: Feb-25-1929

Reported in: AIR1929All390

..... it is not every order which is passed by an execution court that automatically comes under section 47 only such orders ..... the parties to the suit or their representatives relating to the execution discharge or satisfaction of the decree come under it and ..... question raised between the parties or their representatives relating to the execution discharge or satisfaction of the decree the order passed by .....

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May 23 1929 (PC)

Sm. Rani Basanta Kumari Dasi and ors. Vs. Tulsi Charan Ghosh and ors.

Court: Kolkata

Decided on: May-23-1929

Reported in: AIR1930Cal353

..... would be wrong to order amendment of an application for execution after the execution is barred by limitation but it is argued that in ..... subordinate judge rejecting an objection of the judgment debtors to the execution of a decree by sale of certain properties ordered by ..... the amendment and attaching the properties and directing a sale in execution of the decree was res judicata the learned judge has .....

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Feb 28 1929 (PC)

Ayenati Shikdar Vs. Mohammad Esmail and ors.

Court: Kolkata

Decided on: Feb-28-1929

Reported in: AIR1929Cal441,122Ind.Cas.554

..... plaintiff to manage her properties she contends that the bond was not legally attested and executed defendant 2 was a benamidar of the plaintiff defendant 3 files a written statement supporting ..... evidence of the other witnesses who were not the attesting witnesses was sufficient to prove execution the munsif granted the usual preliminary mortgage decree and directed that unless the decretal money .....

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Apr 23 1929 (PC)

Lakshan Chandra Naskar Vs. Ramdas Mandal

Court: Kolkata

Decided on: Apr-23-1929

Reported in: AIR1929Cal374,118Ind.Cas.857

..... the purposes of the present case the circumstance that the objection was raised before the executing court and the circumstance that the objection was before that court abandoned are devoid of ..... it necessary to raise such questions as are mentioned must get them determined in the execution and cannot carry them for decision to another jurisdiction as between parties and their representatives .....

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Jul 22 1929 (PC)

Hridoymohan Sanyal Vs. Khagendra Nath Sanyal and ors.

Court: Kolkata

Decided on: Jul-22-1929

Reported in: AIR1929Cal687

..... for adjustment of a decree in order to enable the executing court to execute the decree as adjusted the only requirement is that the ..... would be entitled to realize the entire sum by way of execution against the properties of the judgment debtors the first instalment ..... advocate for the respondent is that the appellant cannot ask for execution because the parties by entering into a contract cannot give .....

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Aug 06 1929 (PC)

Akshoy Kumar Roy Choudhry Vs. Abdul Kader Khan and anr.

Court: Kolkata

Decided on: Aug-06-1929

Reported in: AIR1930Cal329

..... decision of the high court that the decree holder was able to proceed with the execution and therefore under these circumstances their lordships observed that these orders had intervened to interrupt ..... fresh application for selling the very mortgaged property which had been sold in the previous execution proceedings during the pendency of the appeal by the auction purchaser he argues that if .....

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May 01 1929 (PC)

Alagasundaram Pillai Vs. Pichuvier

Court: Chennai

Decided on: May-01-1929

Reported in: AIR1929Mad757; 120Ind.Cas.567

..... legislature intended that proceedings under these rules should be regarded as included under the word execution 4 the respondent in the civil revision petition from which this reference arises contends that ..... that the legislature intended that the second dispossession should not equally be regarded as in execution otherwise we will have to suppose that the legislature intended us to draw the dividing .....

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Mar 07 1929 (PC)

Baldeo Prasad Shukul Vs. Sukhdeo Prasad Shukul

Court: Allahabad

Decided on: Mar-07-1929

Reported in: AIR1929All485; 121Ind.Cas.552

..... under section 151 the appellant contends that order 9 rule 13 has no application to execution proceedings that any application for review was barred by limitation and that the circumstances were ..... by it ex parte merely because the sections and rules of the civil procedure code were inapplicable to execution proceedings it would also have no power an impossible situation to dismiss in default of .....

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