Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Article 127 -- Auction sale - Setting aside - Limitation - Extension of period of limitation during which stay of execution was granted - Held, stay whether obtained by J.D. or by any other person is not relevant for consideration - The only question relevant for consideration is whether J.D. could have..........
Limitation Act, 1963, Section 3, Article 127, Civil Procedure Code, 1908, Order 21, Rule 89 -- Setting aside of auction sale - Limitation - Extension of period during which stay of execution was granted - Relevant question for consideration is whether J.D. was prevented from taking any further steps in the execution proceedings and not whether it was J.D. or some other..........
Contempt of Courts Act, 1971, Section 2(b) -- Non compliance of decree - Effective remedy for execution of the decree U.O.21.R.32 CPC available - Resort to proceedings under Contempt of Courts Act cannot be allowed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction petition - Objections that execution petition is not filed within limitation - Execution petition was earlier filed which was dismissed in default - Execution Court dismissed the objection petition without deciding whether execution petition is filed within time and whether present execution petition is in..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction petition - Objections that execution petition is not filed within limitation - Execution petition was earlier filed which was dismissed in default - Execution Court dismissed the objection petition without deciding whether execution petition is filed within time and whether present execution petition is in..........
Kerala Anti Social Activities (Prevention) Act, 2001, Section 3, 6 -- Order of detention - Execution - Delay between order of detention and its execution - Unexplained and unsatisfactory gap of time between passing of detention order and its execution - Detention invalid...........
Kerala Anti Social Activities (Prevention) Act, 2001, Section 3, 6 -- Unexplained and unsatisfactory delay - Meaning - No rigid standards - Significance and consequence of delay vary from facts to facts - Detenu appearing before Court on ten different occasions in very three cases relied on by detaining authority to justify preventive detention - No request to the Court to..........
Civil Procedure Code, 1908, Order 3, 29, 3 -- Vakalatnama - Defective vakalatnama is liable to be returned - Defects routinely found in Vakalatnamas are : (a) Failure to mention the name/s of the person/s executing the Vakalatnama, and leaving the relevant column blank; (b) Failure to disclose the name, designation or authority of the person executing the Vakalatnama on..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Execution - Words 'of any guarantee in respect of any loans or advance granted to the industrial Company' - Means the guarantee given by industrial company itself and none else - No reason to take a view otherwise - Under S.22 of 1986 Act guarantors have no protection against execution proceedings...........
Will -- Execution - Proof - No amount of oral evidence about execution of Will would be admissible unless the original is produced or a copy is produced and loss of the original is proved...........
