Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 37, 39, 40 -- Execution - Money decree - Arrest & detention - Executing Court shall hold an enquiry and give a finding to the correct means of J.D. to discharge the decree before ordering arrest - Order passed without conducting such enquiry and without following procedure bad in law and set aside...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution of money decree - Whether J.D. can entered into compromise to adjust decretal amount against the immovable property. Held - Yes. It is open to J.D. to make the payment of decree in Court or to record the decree as adjusted...........
Civil Procedure Code, 1908, Order 34, Limitation Act, 1963, Article 61 -- Mortgage - Purchaser of equity of redemption - Original owner mortgaged suit property and mortgagee put in possession - Original owner sold 67 cents from the suit property to plaintiff by a registered sale deed with a recital that there is a mortgage and plaintiff had thus purchased the equity of..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 30 -- Money decree - Execution - It does not lie in the mouth of J.D. to ask D.H. to first exhaust his remedies against his immovable property and only then to seek his arrest and detention in civil prison - Decree holder is at liberty to execute the decree either by seeking detention of J.D. in civil prison or by..........
Consumer Protection Act, 1986, Section 25, 27, Civil Procedure Code, 1908, Section 56 -- Woman - Arrest in execution of money decree passed under Consumer Protection Act - A woman cannot be arrested in execution of a money decree passed under Consumer Protection Act, when decree is executed either by Civil Court or Forum itself - Analogy that a woman can be arrested when..........
Civil Procedure Code, 1908, Order 21, Rule 21 -- Execution - Money decree - Simultaneous execution for arrest of J.D. and also to proceed against his property - It is almost a rarity - Even in the limited situations, which permit such a course, discretion is to be used, more to refuse it, than to accord permission...........
Civil Procedure Code, 1908, Order 41, Rule 6(2) -- Execution of decree - Money decree - Auction sale - Staying of - Application for - Stay of auction sale by executing Court held mandatory even in a situation where stay has been declined by appellate Court under Rule 5 of Order 41 CPC - Only discretion the execution court enjoys is to impose such conditions as may be..........
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5 -- Money decree - Appeal against - Stay of execution - Deposit of amount disputed in appeal or to furnish security is a condition precedent for grant of stay of execution of decree - However, it is discretion of Court to order deposit of amount or to furnish security and this discretion is to be exercised judicially and..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Money decree against principal debtor and surety with joint and several liability for recovery of amount due - Principal debtor paid certain amount and offered to pay the balance in monthly instalments - Execution petition closed by order with these terms to which D.H. did not object - Principal debtor committed default in..........
Civil Procedure Code, 1908, Order 21, Rule 46(B) -- Executing Court - Power of - Execution of money decree - O.21.R.46-B authorises Executing Court to direct garnishee (Bank) to pay "amount due from him (garnishee) to judgment-debtor" - Under circumstances direction given to create liability for bank, rather than to pay any debt amount or deposit amount of judgment-debtor..........
