Civil Procedure Code, 1908, Order 21, Rule 50 -- Execution of consent decree against person not party to consent - Competency of - Execution on basis of consent decree - Application for - Not maintainable against respondent who was not party to consent decree - Permission to add respondent as party through chamber summons - Refused...........
Civil Procedure Code, 1908, Order 21, Rule 58, 99, 101, Jammu and Kashmir Rights of Prior Purchase Act, 1933, Section 15(5) -- Pre-emption suit - Filed in 1978 claiming relief under law i.e. clause `sixthly' which vested prior to amendment of 1973 - Exparte decree however passed under clause `fifthly' of contiguity-cum-vicinage which was not case of respondent - Execution..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19(7), 29 -- It is not obligatory to apply second and third Schedule of Income Tax Act and Rules while investigating a claim or objection to attachment and sale during the course of execution of recovery certificate under Recovery of Debts Due to Banks and Financial Institutions Act...........
Civil Procedure Code, 1908, Section 16, 20 -- Agreement to sell - Suit for specific performance and alternative relief of compensation claimed - Jurisdiction - Land, subject matter of agreement situated in Haryana - Suit filed at Delhi - Held, Court at Delhi has jurisdiction as agreement was executed at Delhi, consideration amount was received at Delhi, and registered..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - 12 years - Computation - Period during which D.H. was restrained from executing decree to be excluded - When such suit is dismissed for default and the suit is restored then all interlocutory orders passed therein also revive - The period of pendency of suit till it was finally decided is to be excluded in..........
Consumer Protection Act, 1986, Section 27 -- Execution proceedings - Appellant/OP raising question of fact in the proceedings u/s 27 of Act that complainant not a consumer and order of the Forum a nullity - The point not raised before the District Forum in original proceedings - Held that OP cannot be permitted to raise such a question of fact in the execution proceedings..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution of decree - Arrest of Judgment-debtor - Judgment-debtor disclosing salary particulars - Also expressed in unequivocal terms his willingness to have his salary attached - Conduct Not malafide - No refusal to comply decree - Substantial salary amount drawn by judgment-debtor can be attached - Ordering..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Decree - Execution - Execution of decree - Arrest of Judgment-debtor - Judgment-debtor disclosing salary particulars - Willing to get salary attached - No case of foul play as mala fide on the part of judgment debtor - Substantial salary amount drawn by judgment-debtor can be attached - Ordering arrest of..........
Civil Procedure Code, 1908, Section 151, 152 -- Eviction decree - Execution of - Warrant of possession - Returned with report of absence of survey number - Application to incorporate survey number in delivery warrant - No hardship would cause to tenant inasmuch as the property was described with correct boundaries and it was not challenged before Rent Controller as regards..........
Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- TPA Prior to 1976 amendment - Suit setting aside sale of immovable property - Filing of - Allegations of - Fraudulent transfer - What amounts to - Money decree - Execution proceedings pending - Before property of judgment debtor could be attached he sold it in favour of plaintiff -..........
