Civil Procedure Code, 1908, Section 60(1) -- Proviso - Salary - Salary under attachment in execution of one and the same decree for a continuous period of 24 months is finally exempt from attachment thereafter in execution of the very same decree...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Execution sought after five years - During all this period amount as per decree neither paid nor shown that he has the money in his bank account or otherwise in a position to pay the amount - No payment or deposit has been made till date to show his bona fides - For claiming specific performance and..........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation of inheritance on the basis of Will - Earlier Registered Will and latest Un - registered Will - Suspicious circumstances surrounding Un - registered Will: (1) no explanation why Un - registered Will not produced earlier before Revenue functionaries for getting mutation sanctioned whereas mutation entered by Patwari..........
Land Acquisition Act, Section 31 -- Liability for payment of compensation - Land acquired for a Company by State Government by issuing notifications under Sections 4 and 6 - Land owners not concerned as to for whom land acquired - State Government which acquired the land liable to pay the amount of compensation to land owners irrespective of the fact whether it has or has..........
Civil Procedure Code, 1908, Section 47 -- Eviction petition - Compromise - In view of eviction of tenant forming part of the compromise decree, no specific and separate order of eviction was to be passed - Execution proceeding is maintainable...........
Limitation Act, 1963, Article 54 -- Period of limitation of 3 years for suit for specific performance - Agreement provided that defendant would execute sale-deed within one month of grant of sanction by Prescribed Authority - Plaintiff all along aware that no permission from Prescribed Authority required - Estopped from saying that limitation to begin from the date when..........
Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution - Arrest warrant - A person cannot be arrested and sent to jail in execution of a money decree without giving him an opportunity and without conducting an enquiry as to his means - Mere inability to pay the decretal amount is not a ground to send a person to jail - Even if notice is dispensed with under proviso..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objection - Once the objections of the judgment debtor were dismissed her heirs had no right to raise similar objections simply on the ground that their predecessor had died...........
Civil Procedure Code, 1908, Order 21, Rule 37, 41 -- Money decree - Execution - Arrest of J.D. - Burden lies on J.D. to satisfy the Court that he is a small farmer and has no means to pay the decretal amount - Finding of Executing Court that D.H. failed to establish the means of J.D. - Erroneous - In execution proceedings, Executing Court should ensure that decree is not..........
Civil Procedure Code, 1908, Section 73, Order 21, Rule 90 -- Auction sale - Locus standi of third party decree holder to get the auction sale set aside - A decree holder in another suit whose decree is not yet satisfied and whose execution petition is still pending has locus standi to file an application in another execution petition by another decree-holder against same..........
