Punjab Registration of Money Lenders Act, 1938, Section 3 -- Friendly loan - Money lenders licence is not required - Money lenders licence is required at the time of institution of suit or presentation of application for execution, only in case the party is a money lender...........
Civil Procedure Code, 1908, Section 11 -- Plea raised and rejected in appeal - Cannot be reagitated in execution proceedings...........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree of mandatory injunction directing petitioner to remove construction raised illegally during pendency of suit for permanent injunction - Judgment and decree of trial Court was confirmed by appellate Court - Held, period of limitation, for the purpose of execution of..........
State Financial Corporations Act, 1951, Section 31, 32, Civil Procedure Code, 1908, Order 21, Rule 37 -- Recovery of dues - Special procedure for implementation of order passed in petition u/s 31 of Act is provided - Resort to execution proceedings under Civil Procedure Code is not permissible...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 10 -- Execution - Dismissal due to default on the part of decree holder - Held, principle of revival has no application...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction directing D.H. to redeliver..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - No clause in contract but contained in an independent document - Law as to when it becomes an arbitration agreement - Summarized - (i) An arbitration clause in another document, would get incorporated into a contract by reference, if the following conditions are fulfilled : (a) The contract..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale of property - Only so much of property must be sold which is necessary to satisfy the decree - Provision of O.21.R.64 CPC is mandatory - Objection if not raised at the time of preparation of proclamation cannot be said to be waived - Auction sale is void when not complied with provision of O.21.R.64 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for perpetual prohibitory injunction - Prayer for damages - There can be no claim for damages in execution for enforcement of a decree for perpetual prohibitory injunction...........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Passport of J.D. cannot be impounded in an execution proceeding on the apprehension raised by D.H. that J.D. is likely to leave the country and thus the decree holder would be deprived of realising the fruits of the decree...........
