Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention - Mere fact that J.D. owns property - No ground to refuse his detention in civil prison - Finding of trial Court that J.D. owns landed property and hence D.H. should proceed against said property instead of seeking arrest and detention - Not proper...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution of money decree by way of arrest and detention of J.D. in Civil prison - JD, son of ex-chief Minister - Executing Court convinced that there was deliberate attempt on part of J.D. to browbeat and get away from reach of court - Executing court issued arrest warrant of J.D. - Held, if arrest warrant is executed and..........
Civil Procedure Code, 1908, Order 21, Rule 89, 92(2) -- Auction sale - Property put to auction sale in execution of a money decree - J.D. can seek annulment of sale, by making deposit of decretal amount mentioned in the sale proclamation and a sum equal to 5% of the purchase money, payable to the auction purchaser - Limitation for such deposit is 60 days from the date of..........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Execution of money decree - Auction sale - Highest bidder failed to pay 25% of the amount, consequent whereupon re-sale was held - By the time proceedings for re-sale were completed, court time was over - Second bidder permitted by the executing court to deposit 25% of the amount on the next day - Held, deposit of 25% on the..........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Execution of money decree - Auction sale - Highest bidder failed to deposit 25% of the amount - Property re-sold on the same day - Fresh proclamation not issued - Held, once the highest bidder failed to deposit 25% of the amount, court was justified in re-selling the property on the same day without issuing any fresh..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction order - Execution - Obstruction by third party - Claim of tenancy - No documentary evidence of taking shop on rent - No rent receipt produced - Rent sent once by Money order but no proof of same - Rent not deposited in Court when rent sent through money order not accepted - Mention of inaugural function but same..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........
Civil Procedure Code, 1908, Section 34 -- Suit for specific performance - Alternative relief of payment of earnest money granted - Interest payable at the rate of 12% from the date of execution of agreement till the date of passing of the decree - Future interest i.e. from date of passing of decree to date of realization will be 6% which will be payable on the principal..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Money decree or order for payment of money - Contempt jurisdiction either under Contempt of Courts Act, 1971 or U.O.39.R.2-A CPC not to be used for enforcement of money decrees or directions/orders of repayment of money - The process and concept of execution is different from process and concept of action for..........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Money decree - Stay of execution - An exceptional case has to be made out for stay of execution of a money decree...........
