Civil Procedure Code, 1908, Article 136, Order 21, Rule 32 -- Proviso - Injunction decree - Execution - It has a permanent and perpetual life - It can be put into execution at any time to prevent breach or to prevent apprehended breach...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Injunction decree - Execution - Detention of J.D. in civil prison is no substitute for compliance of decree - Compliance of decree can only be by resort to penal actions - Liability or obligation flowing from the decree cannot be taken to have been discharged by detaining a person liable to comply with the..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Injunction decree - Execution - Despite civil imprisonment J.D. ventured to commit successive breaches - Effective order against him could be attachment and sale of his property and in absence thereof detention in civil prison again...........
Transfer of Property Act, 1882, Section 52, East Punjab Urban Rent Restriction Act, 1949, Section 13, 2(2) -- Co-owners - During pendency of partition proceedings some of the co-owners giving the shop on rent - Shop fell to the share of other co-owners who were not party to letting - Tenancy is not binding on co-owners who were not party to letting - They are entitled to..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103 -- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - Application is to be decided like a suit - An opportunity is to be provided to the applicant to prove his case - Unless procedure prescribed for disposal of suit is followed, claim of applicant..........
Civil Procedure Code, 1908, Order 21, Rule 99, 100, 101, 102, 103 -- Execution - Decree for possession - Dispossession of a person other than J.D. - Restoration of possession - A person who is dispossessed of any property whether it is covered under decree or beyond the decree is entitled to make an application making grievance of such dispossession and seek for..........
Indian Penal Code, 1860, Section 147, 148, 323, 325, 447 -- Possession delivered in execution of Civil Court decree - Prosecution case of committing trespass over such land stands falsified - Even if injuries are caused then the same are in exercise of right of private defence qua their land - Acquittal calls for no interference...........
Housing -- Non-delivery of possession - District Forum directing petitioners to give possession of the house - Execution - District Forum clarifying that the petitioner shall charge the price prevailing in 1993 when the house was allotted - In appeal State Commission remanding the case for detention or attachment of property - Revision - Detention of any officer or..........
Indian Penal Code, 1860, Section 417, 418, 120B -- Sale deed executed and at the time of execution of sale deed some money paid and balance promised to be paid lateron - Balance not paid inspite of requests - Held, even after taking the allegations in the complaint to be correct no criminal offence is made out - Criminal proceedings quashed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment off plaint - can be allowed even at the execution stage...........
