Civil Procedure Code, 1908, Order 21, Rule 13, 54 -- Execution - Attachment order - It is implied that executing court has to satisfy itself before passing of order of attachment that judgment debtor had any share or interest in property to be attached, otherwise question of judgment debtor transferring or charging property in any way as contemplated in O.21.R.54 would not..........
Civil Procedure Code, 1908, Section 47, 39(3) - - Transfer of decree for execution - Competent Court - Held, transferee Court would be a Court of competent jurisdiction to execute decree even if it had otherwise no jurisdiction to try suit provided subject-matter of suit wherein decree was passed does not exceed pecuniary limits, if any, of its ordinary jurisdiction at the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Execution of cheque not denied - Question as to who has filled the cheque is immaterial - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Punishment - Held, for every breach of order, Magistrate is empowered to issue a warrant provided application is made within one year from date on which amount became due - If amount is remaining unpaid after execution of warrant, Magistrate is empowered to sentence defaulter to imprisonment..........
Adverse possession -- Time spent in adjudication of suit and appeal whether arrests the running of time for the purpose of adverse possession : (1) When a person entitled to possession does not bring a suit against the person in adverse possession within the time prescribed by law his right to possession is extinguished - From this it only follows that if the former..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 3, Constitution of India, 1950 - - Preventive detention - Validity - Detention order sought to be quashed by detenu on ground of unexplained delay of five months in execution of detention order - Evidence on record shows that on coming to know of detention order detenu absconded only with intention to escape..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection to jurisdiction of Court that passed decree - Not raised before trial court or Appellant Court - Applicant estopped to raise such objection before executing court in the absence of proof of prejudice...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Assignee or transferee - Decree can be executed subject to some conditions as if application had been made by D.H...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - Transferee pendente lite has no right to resist or obstruct execution of decree - Resistance at the instance of such person/transferee or obstruction by a person on the basis of such right is not..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Execution - Objections - Framing of issues - When on its face, objections are found to be frivolous, no issues are required to be framed...........
