Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution proceedings - Grant of injunction - Held, there is no power in an executing court to pass orders of injunction on a property outside its jurisdiction belonging to a party...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 85 -- Deposit of balance auction money - Delay - Balance auction money not deposited as Presiding Officer was on leave and application for deposit filed on the next date of hearing in the execution proceedings - Held, this does not help the auction purchaser - Even if the Presiding Officer was on leave, money could..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Two conditions for execution of the decree are (i) the judgment has to be converted into a decree and (ii) the decree should be enforceable - Limitation cannot be said to begin only when the decree is engrossed on the stamp paper...........
Limitation Act, 1963, Article 136 -- Decree - Execution - By a separate suit decree challenged to be result of fraud - Suit remained pending for 21 years - At no point of time, there was any order of any Court directing stay of operation of judgment and decree - Held, In the absence of any interdiction from any Court, the decree holder was entitled to execute the decree -..........
Limitation Act, 1963, Section 5, Article 136 -- Execution - Delay - Limitation stipulated under Article 136 of the Act - Cannot be condoned...........
Limitation Act, 1963, Article 136 -- Execution of decree - Limitation - Time once starts to run cannot be arrested when separate suit challenging the decree is filed or when an appeal is filed, in the absence of stay of operation of judgment and decree...........
Evidence Act, 1872, Section 17 -- Admission in gift deed of which execution denied and there is no finding as to its execution - Held, any assertion in gift deed including statement about age not to be taken as admission...........
Specific Relief Act, 1963, Section 28 -- Specific performance - Suit for - Readiness and willingness - Proof - Almost entire sale consideration (about 97%) had been paid as earnest money and only Rs.1000/- were to be paid more - Held, it cannot be accepted that plaintiff was not having money to pay balance sale consideration or that he did not have money to bear expenses..........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 111(d) -- Eviction - Execution of decree - Only objection raised by judgment debtor in execution proceedings was that the decree could not have been passed as lessee had already purchased suit property - Held, executing court can not consider such objection - Decree passed can not be held a..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Presumption - Execution - Plea of defendant that Commission Agents had obtained his signatures on blank form of pronote-cum-register on the pretext of getting him bonus - Solitary statement of defendant in this regard cannot be accepted to substantiate the said version when plaintiff and marginal witnesses of..........
