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..........
Indian Penal Code, 1860, Section 419, 467, 420, 468, 120B -- Sale deed - Execution by impersonation - Original sale deed in respect whereof forgery was committed not recovered from the vendees during course of investigation nor any explanation given - Only copies thereof brought on record - Original owners not examined - Questioned thumb impressions of the alleged vendors..........
Consumer Protection Act, 1986, Section 25 -- Execution proceedings - Executing Court cannot go behind the decree - At the same time the Executing Court cannot direct the decree holder to violate the statutory provisions - Petitioners had not complied with the order dated 11.1.2001 immediately after it was passed by the District Forum or immediately after the appeal was..........
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...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction on ground of non payment of rent - Compromise during pendency of appeal - Tenant granted time to vacate in the year 2004 - During this period premises brought out of Municipal Area and Rent Act became inapplicable - In execution objection of tenant that Rent Controller has no power to execute the..........
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...........
