Criminal Procedure Code, 1973, Section 456 -- Restoration of possession - Mode of execution of order of restoration of possession - Held, as per S.456 Cr.P.C. Court is empowered to order restoration of possession to aggrieved person, after evicting by force, if necessary, either accused, his legal representatives or any other person who may be in possession of the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Delay in executing the decree - Amounts to deny the decree holder the benefit of decree which is anthesis to justice - Direction issued to dispose of matter expeditiously...........
Civil Procedure Code, 1908, Section 38,39 -- Execution of decree - (as inserted by amendment), O. 21, R. 3 and 48 - Jurisdiction - Held, as per S.39 there is no scope of exercising the jurisdiction for execution at the instance of original Court which passed the decree if the person or the property, as the case may be, against which the decree is sought to be enforced is..........
Civil Procedure Code, 1908, Section 151, Provincial Insolvency Act, 1920, Section 4, 5, 21, 23, 31 -- Power of the insolvency Court to pass interim orders - Held, Civil Court while trying the civil suit has inherent power of granting interim orders u/s 151 of the Code of Civil Procedure - Simply because S.23 of the Act enables the Court to release the debtor who has been..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Eviction decree - Second appeal of defendant admitted - Eviction stayed during pendency of appeal subject to terms and conditions...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 46, Contract Act, 1872, Section 128, 141 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - Decree passed jointly and severally - D.H. is entitled to recover the decretal amount from any one of the defendants - If there is any dispute inter se the..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - There was no personal liability of L.R's - An effort must be made to sell the estate of deceased J.D. inherited by his legal heirs and only thereafter from the private property of the Legal heirs...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Execution of will and gift deed - Contention that there is no compliance with provisions of S.63 of the Indian Succession Act and S.68 of the Indian Evidence Act - Held, both the courts below have given concurrent finding on this fact - Contention cannot be accepted - No substantial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 105, 105 -- Dishonour of cheque - Execution of non bailable warrants against a person living in United States - All steps taken to procure presence of accused failed - Procedure resorted to u/ss 82 & 83 Cr.P.C. and non bailable warrants issued - Accused living in United States - Execution..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 22, Rule 4, 12 -- Abatement - Execution proceedings - O.22.R.12 applies to proceedings U.O.21.R.97 CPC - Death of respondent in an application U.O.21.R.97, there would be no abatement U.O.22.R.4 CPC...........
