Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Decree passed on the ground that plaintiff has supported the facts as pleaded in plaint and defendant has not contradicted the averments made by plaintiff and has not produced any evidence in defence - Decree was passed without recording finding as to existence of grounds of eviction - Held, decree..........
Registration Act, 1908, Section 17, 49 - - Agreement to sell - Suit for specific performance - Registration of agreement when there is stipulation as to transfer of possession - Amendment requiring registration of such an agreement inserted after execution of agreement - Held, clause inserted vide notification after execution of agreement cannot be retrospectively applied..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser in good faith - Admission of knowledge of execution of agreement of sale but pleading that the same was cancelled which they failed to prove - Held, subsequent purchaser cannot be accepted as bona fide purchasers...........
Civil Procedure Code, 1908, Order 21, Rule 85, 90, Limitation Act, 1963, Article 136 -- Execution of decree - Limitation period - Within 12 years from the date when decree becomes enforceable - Held, it cannot be interpreted that execution proceedings would terminate if decree was not satisfied in 12 years from date of decree - It will continue till amount due is not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings - Executing Court cannot stay the execution proceedings merely for the reason that a separate application U.O.9.R.13 CPC is filed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court while seized of application U.O.9.R.13 CPC has to decide independently the application for staying execution proceedings on the well established principles of prima facie case, balance of convenience and irreparable loss and injury...........
Civil Procedure Code, 1908, Section 47 -- Execution - Joint and several decree - Decree holder has a right to proceed against any or all the judgments debtors - All the J.D's are to be arrayed as parties - Filing of Execution petition against one of the J.D. is unsustainable...........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last resort - Impugned order set..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Challenge to - Held, proposed detenue entitled to challenge detention order at pre-execution stage - He is also entitled to do so after several years had elapsed after passing of detention order on grounds other than five grounds enumerated in Alka Subhash..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic possession if the same..........
