Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 34, Rule 5 -- Suit for recovery of money enforcing mortgage rights - Execution - Auction sale of mortgaged property - Objections filed U.O.21.R.90 dismissed - During pendency of appeal thereagainst decretal amount deposited - Held, right of Judgment debtor to get property redeemed is not lost..........
Civil Procedure Code, 1908, Section 2(10), Order 21, Rule 10 -- Execution - Suit dismissed and positive order in favour of defendant directing plaintiff to remove unauthorised constructions made during pendency of suit - Non compliance of order - Execution petition at the instance of defendant is maintainable...........
Will -- Execution - Proof - Can be proved by examining at least one attesting witness - If one attesting witness proves execution of Will as per S.63 Succession Act then examination of other witness can be dispensed with...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non bailable warrants issued against accused as they failed to appear inspite of many opportunities given to them - Case was fixed for recording statement of accused u/s 313 Cr.P.C. - Complaint dismissed for inability of police to execute non bailable warrants entrusted to them on the ground that..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Obstruction - Relationship of landlord and tenant between D.H. & J.D. - Obstructor son of J.D. working with her - His application to obstruct execution - Not maintainable - O.21.R.97 applies to only person who is claiming independent right, title and interest and not under J.D...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - To be decided after framing issues and giving opportunity to parties to lead evidence in support of their stand...........
Specific Relief Act, 1963, Section 20 -- Agreement to sell house - Suit for specific performance - Agreement and payment of earnest money proved - Plea that possession cannot be delivered as defendant and his family residing in the house - Plea of hardship neither raised in written statement nor proved by the vendor - Trial Court ordered refund of earnest money - First..........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of immovable property - Property already mortgaged or having prior charge - No impediment in attachment...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction to protect possession - Plaintiff ousted from possession in pursuance of eviction order - Plaintiff re-entered premises - Does not nullify the order of eviction - Plaintiff is not entitled to protect his possession - Possession can be taken in execution of eviction order already passed...........
Limitation Act, 1963, Article 16, 20, Contract Act, 1872, Section 55 -- Aggrement to sell - Suit for specific performance - Decreed - Appeal - Grant of decree for specifric performance objective on the ground of gross delay in filling of suit - Limitation of 3 years from the date fixed for execution of sale deed - suit filed within one year of last date of execution of..........
