Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Execution - Reserve price - Court can subsequently reduce the reserve price in case there are no bidders to purchase the property for the price so fixed...........
Civil Procedure Code, 1908, Order 41, Rule 6(2) -- Execution of decree - Money decree - Auction sale - Staying of - Application for - Stay of auction sale by executing Court held mandatory even in a situation where stay has been declined by appellate Court under Rule 5 of Order 41 CPC - Only discretion the execution court enjoys is to impose such conditions as may be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Impleading of minor children of defendant/vendor as party to the suit - A decree, prior to execution of agreement to sell, in favour of minor restraining their father/defendant/vendor from alienating the suit land or creating any charge over the same - Defendant/vendor proceeded exparte in the..........
Consent decree -- Decree passed on basis of memorandum of understanding executed of past transaction between joint owners of Joint Hindu Family - Memorandum of understanding a narration of existing rights which have come into existence much before the execution of that document - Consent decree passed on the basis of such memorandum of understanding does not require..........
Civil Procedure Code, 1908, Section 55(3) -- Execution - Arrest of J.D. - Proceedings under Insolvency Act initiated by J.D. - Arrest of J.D. cannot be ordered during the pendency of proceedings under Insolvency Act irrespective of the fact whether any stay has been granted or not...........
Civil Procedure Code, 1908, Order 26, Rule 10-A, 18-A -- Scientific investigation - Execution proceedings - Comparison of signatures - Comes within definition of scientific investigation - Application for scientific investigation is maintainable in execution proceedings...........
Civil Procedure Code, 1908, Section 47 -- Execution - If on account of subsequent change of law or any subsequent development, decree becomes in executable, the same should be taken note of by the Executing Court...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Mandatory injunction - Disobedience - Property of J.D. attached - Attachment shall not remain in force for more than one year - After one year, if disobedience or breach continues, attached properties may be sold and compensation as determined by Court may be awarded to D.H. - No evidence that J.D. continued violation of..........
Specific Relief Act, 1963, Section 16, 20 -- Agreement to sell - Proof of execution of agreement - Vendor and vendee residing at different places - Stamp paper purchased at a different place - Document executed at a different place - Reason not assigned for purchasing stamp paper at a different place and execution of document at another place - Endorsement on stamp not..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Power of Attorney - Whether a complaint u/S.138 of Negotiable Instruments Act can be filed by a Power of Attorney - Held that complaint can be presented by GPA on behalf of payee, provided -
(a) The complaint shall be signed by the payee himself
(b) There shall be also an..........
