Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Execution - Plea that wife is not entitled to maintenance as she is living in adultery - Such plea is not available in a petition for execution of award of maintenance - In the event of change of circumstances order can be got modified u/s 127 Cr.P.C...........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed on ground of fraud - Fraud has to be proved on basis of oral or documentary evidence - Plaintiff failed to adduce any evidence worth the name for the said purpose - Execution of sale deed proved in terms of S.68 of Evidence Act - Mutation proceedings also decided in favour of defendant - Lower..........
Civil Procedure Code, 1908, Order 34, Rule 14, Trusts Act, 1882, Section 90 -- Redemption of mortgage - Entitlement to - Mortgagee filed money suit and in execution of money decree, mortgaged property was sold which was purchased by mortgagee - Held, relationship of mortgagor and mortgagee continues to subsist even thereafter - His purchase is only in trust for mortgagor -..........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C. - Execution of bond - Held, order requiring execution of bond pending enquiry u/s 107 of the Code can be passed only on recording in writing the reasons which compels the passing of such an order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Handwriting expert - Execution or entrustment or issuance of cheque not disputed - Held, dismissal of application u/s 45 of Evidence Act for sending the cheque to handwriting expert by trial court calls for no interfere...........
Provincial Insolvency Act, 1920, Section 28 -- Execution proceedings - Initiation of - Necessity of obtaining leave of Insolvency Court - There is no order of adjudication in the insolvency proceedings filed by judgment-debtor adjudicating him to be an insolvent - Held, no necessity to obtain leave or permission of Insolvency Court to initiate execution proceedings against..........
Civil Procedure Code, 1908, Section 55(3), (4) -- Arrest of judgment-debtor - Execution of decree - Duty of Court - Held, when a judgment-debtor is arrested in execution of a decree for payment of money and brought before Court, he shall be informed that he may apply to be declared an insolvent, and that he may be discharged if he has not committed any act of bad faith..........
Civil Procedure Code, 1908, Section 55 -- Execution - Arrest of J.D. - Decree Holder disclosed assets of J.D. - J.D. failed to rebut - Held, J.D. had means to discharge decretal amount - Issuance of arrest warrant proper...........
Civil Procedure Code, 1908, Order 21, Rule 72(As - - Execution - Auction - Participation by D.H. without permission of Court - As per O.21.R.72 CPC as amended by State of Uttar Pradesh there is no embargo upon a decree holder to participate in the auction...........
Transfer of Property Act, 1882, Section 53 -- Transferee pendente lite - Transferee not a bonafide purchaser who had knowledge of the execution proceedings inspite of which, in order to defeat the decree, in collusion with the original seller got the sale deed executed - Held, purchaser not a bonafide purchaser and sale is hit by S.53 of the Act...........
