Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court is bound by the decree already granted and it cannot extend or vary the extent of operation of relief of injunction...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Execution - Mere pendency of writ petition does not amount to stay of execution proceedings - Unless and until a stay order is presented Executing Court is free to execute the decree...........
Civil Procedure Code, 1908, Order 21, Rule 37, Motor Vehicles Act, 1988, Section 168 -- Motor Accident - Award of compensation by Tribunal - In execution of award, Court ordered arrest of the petitioner - Order challenged on the ground that no show cause notice was given before passing order of arrest - Plea of petitioner disallowed - Held, show cause notice not required..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2-A, Civil Procedure Code, 1908, Order 21, Rule 32 -- Interim injunction - Police protection - Can be provided only when there is threat of breach, disobedience or violation of the order of interim injunction and not when order of interim injunction is violated as in that eventuality aggrieved party has to file execution..........
Civil Procedure Code, 1908, Section 60(1)(kb) -- Execution - Surrender value of life insurance policy - Comes within scope of exemption of S.60(1)(kb) CPC...........
Civil Procedure Code, 1908, Section 60(1)(kb) -- Execution - Once money under LIC policy is received, it becomes personal property and when same is received by legal representatives after his death it becomes part of estate - Either way, money so received is liable for attachment in his hands...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - House of agriculturist - Exemption from attachment - House jointly owned by J.D. and others - Does not disentitle him from getting exemption for his house if he proves that house belongs to him, is in his occupation and he is an agriculturist, labourer or domestic servant entitled for such exemption...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption - House of agriculturist - Exemption of attachment of house of an agriculturist cannot be defeated by waiver of such right by party entitled to it or by his failure to produce material to substantiate the claim if Court finds that he is entitled to the exemption - Denial of such right is opposed to..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment in execution of a decree is to be seen at the time of execution of decree that J.D. is an agriculturist, labourer or domestic servant - Attachment of property during trial is immaterial if that party is then qualified u/s 60(1)(c) CPC...........
