Civil Procedure Code, 1908, Section 47 -- Execution - Though the executing Court cannot go behind a decree, if the decree is ambiguous, it can construe the decree...........
Civil Procedure Code, 1908, Section 60(1) -- Proviso (b) - Implements of husbandry - Exemption from attachment - Tractor - If before attachment tractor was used for tilling soil, it is saved from attachment - Where agricultural operation is on large scale which cannot be carried on efficiently without tractor, then tractor is to be held as implement of husbandry and is..........
Punjab Municipal Account Code, Chapter V, Haryana Municipal Act, Section 203(6) -- Non-execution of Development Scheme by Municipal Committee for a period of almost 20 years - Sufficient to give rise to inference that Scheme stands abandoned...........
Civil Procedure Code, 1908, Section 47, Order 21 -- Frivolous objections in execution intended to delay process of law - Ought to be rejected at the threshold as being abuse of process of law - Not incumbent on Executing Court that it must put to trial every objection filed to execution proceedings - Granting of opportunity to objector to prove his case - Does not amount..........
Civil Procedure Code, 1908, Section 47, 2(2), 2(9), Order 34, Rule 7, 8, 9 - - Suit decreed as prayed for with a direction that plaintiff can execute decree only after deposit of sale consideration proved to have been received by him while executing the document (sale deed) and for this purpose allowed 3 months time - Execution of decree after deposit of amount - Objection..........
Civil Procedure Code, 1908, Section 144 -- It is not necessary to get the benefit of S.144 that the possession should have been lost through a process of execution - If a person is dispossessed under the colour of the decree and that decree is subsequently reversed, then he is entitled to restitution...........
Civil Procedure Code, 1908, Section 11 -- Provisions of S.11 apply to proceeding for execution of decree...........
Civil Procedure Code, 1908, Section 11 -- Expln. VII - Res judicata - Execution proceedings dismissed as barred by limitation - Said order was not set aside by any competent civil Court - Plaintiff again filed execution proceedings - Parties to both execution proceedings were the same and the issue between parties was finally concluded in earlier proceeding - Order passed..........
Evidence Act, 1872, Section 67, 68, Registration Act, 1908, Section 17, 49, 50 -- Sale deed and gift deed executed and registered 16 years and 14 years prior to filing of suit - Neither signatures on documents disputed nor execution denied by person presenting the document - Presumption of validity continues till the document is set aside - Proof of due execution or..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Admissibility - Only where original is in possession of other party or where original is lost or destroyed - Certified copy of deed of settlement - Proof of execution and contentions - Held, same cannot be proved by way of secondary evidence when party producing it has not called upon party opposite to produce original..........
