Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No document has been placed on record which may show that actual possession of land in dispute was handed over to the defendant-petitioner at the time of execution of sale deed or otherwise - Injunction granted affirmed...........
Civil Procedure Code, 1908, Section 47, 34 -- Execution - Executing Court reduced rate of interest - The executing Court is bound to execute the decree as it is and it has no jurisdiction to modify or vary the decree unless it is shown that the decree is without jurisdiction or is otherwise void or not capable of being executed...........
Civil Procedure Code, 1908, Section 47, 34, Order 34, Rule 11 -- Execution of decree for recovery of Bank loan - Objection that loan raised for purchase of tractor, a loan for agricultural purpose, Court could not grant interest at the rate of 12.5% per annum and in view of Section 34 interest could be granted only at the rate of 6% per annum from date of decree - Not..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest - Trial Court recorded the satisfaction that the payment of decretal amount cannot be recovered except by way of arrest of the judgment debtor but no satisfaction has been recorded to the effect that the judgment debtor is likely to abscond or leave the local limits of the jurisdiction of the Court - Order..........
Civil Procedure Code, 1908, Order 21, Rule 37(1) - - Arrest warrant of judgment-debtor without issuing notice to show cause - Court recorded satisfaction that payment of decretal amount cannot be recovered except by arrest of judgment-debtor - No satisfaction recorded that judgment-debtor likely to abscond or leave local limits of jurisdiction of Court - Order set aside -..........
Civil Procedure Code, Section 47 -- Execution of decree passed on application by Bank under Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973 - Objection that amounts paid by judgment - debtor should be taken into consideration - Dismissed by Executing Court and warrants of attachment issued - Order non - speaking as it does not disclose..........
Civil Procedure Code, 1908, Section 51, 58(1), 151, Order 21, Rule 30, 37 -- Proviso - Execution - By wife and minor child against husband for realisation of arrears of maintenance by arrest of husband stating that husband having necessary means to pay, neglected to pay the maintenance amount - Case of husband being total denial of existence of means to satisfy the decree..........
Civil Procedure Code, 1908, Order 37 -- Summary suit on Bills of Exchange by Bank - Acceptor sought leave to defend alleging execution without consideration and fraud etc. between officers of Bank and drawer of Bills - Trial Judge refused the leave - High Court taking the view that appellant has absolutely no prima facie case - In identical matters leave granted - In such..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Sale of property during pendency of suit - Agreement to sell in favour of plaintiff registered - As such, intending purchaser deemed to have notice of agreement in eye of law - Suit filed before execution of sale deed in favour of third party - Suit itself is notice in the eye of law - S.52 of Transfer of Property..........
Specific Relief Act, Section 19(1)(b) -- 000/- on 2.4.1974-Suit by plaintiff for specific performance-On appreciation of evidence defendant No. 2 held to be bona fide purchaser for value without notice-Specific performance declined. - 000/- on 27.3.1974 ; subsequently defendant No. 1 sold remaining `A share in property to defendant No. 2 for ,R. ,S. 30, - 000/- on..........
