Contract Act, 1872, Section 128, 129 -- Surety - Liability - Decree passed in 1992 - Considerable delay on part of creditor in taking proceedings for execution of decree - Creditor to confine recovery to the original decretal amount and not to be extended to interest that has accumulated on account of delay in taking proceedings for execution of decree...........
Criminal Procedure Code, 1973, Section 451, 457 -- Theft of Motorcycle - Complainant erstwhile owner of vehicle and accused transferee of said vehicle - Vehicle brought to police station and seized from possession of accused claiming to be its transferee and owner - Accused entitled to interim custody of Motor cycle on execution of supratnama...........
Civil Procedure Code, 1908, Section 47 -- Decree - Execution - Decree passed against brother - Joint property - Share of JD sufficient to liquidate decree - Balance amount belonging to surety cannot be proceeded against...........
Criminal Procedure Code, 1973, Section 125 -- Living separately by consent - If spouses are residing separately permanently by consent, then wife is not entitled to claim maintenance from husband after the date of execution of said agreement if that agreement has been acted on and appropriate provision for maintenance has been made...........
Criminal Procedure Code, 1973, Section 125 -- Wife living separately permanently by consent and executed a deed declaring therein that after the execution of said deed they were not to have relations as husband and wife and they are divorcing each other by customary system and wife relinquished her right to maintenance and property - Held, wife is not entitled to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by Court having no jurisdiction - Such decree is a nullity - J.D. can object to its execution being a nullity and non est - Its invalidity can be set up whenever it is sought to be enforced including the stage of execution of the decree or any other collateral proceedings...........
Civil Procedure Code, 1908, Section 47 -- Locus standi to file objections to execution of decree - Objector found to be in bona fide possession of property in dispute in his own right - Entitled to maintain objection petition...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed before the date fixed for execution of sale deed - Subsequent suit for specific performance is not barred U.O.2.R.2 CPC - If plaintiff continues to prosecute the previous suit for permanent injunction after the expiry of date fixed for execution of sale deed even then..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Earlier suit for injunction and subsequent suit for specific performance - Whether barred by Order 2 Rule 2 - Suit filed for permanent injunction prior to appointed day (date fixed for execution of sale deed) restraining defendant from alienating suit property to any third person - Plaintiff not entitled to file suit for..........
Flat -- Non-execution of sale deed - Concurrent findings of the Fora below directing petitioner to execute sale deeds and awarding compensation and costs - Not a fit case to exercise revisional jurisdiction...........
