Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of a decree for prohibitory injunction - J.D. cannot be detained in civil prison for more than three months, and more than one time...........
Will -- Suspicious circumstances - (1) Signature of legatee appearing on the Will (2) Legatee never lived with testator and never served him (3) Testator had no relationship with legatee and no just reason to execute the Will in her favour (4) Execution of Will not free from undue influence exercised by legatee - Evidence shows that it was not a genuine Will...........
Civil Procedure Code, 1908, Section 47, Order 16, Rule 1 -- Execution - J.D. directed to produce entire evidence on next date at his own responsibility - No illegality in the order - Executing Court has every right to do so, after the framing of issues to avoid the unnecessary delay - Revision not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution application - Amendment - No bar for amending the execution application at any stage...........
Civil Procedure Code, 1908, Section 11, Order 21 -- Res judicata Rule is applicable in execution proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction of decree - Courts should be slow in granting injunction restraining the execution of lawful decrees affirmed by Superior Courts...........
Civil Procedure Code, 1908, Section 47 -- Execution - Disbursement of sale amount deposited by D. H.in execution of decree for specific performance of agreement to sell - J son of defendant got a decree for declaration that he is the owner in possession of the house in dispute when the suit for specific performance was pending - Death of J.D. - Executing Court directing..........
Civil Procedure Code, 1908, Section 47 -- Specific performance decree- Execution-Objection by vendees who had purchased property during pendency of appeal contending that they are bona fide purchasers for value and consideration-Objections are misconceived-Transfer is hit by S.52-Transfer of Property Act. (Transfer of Property Act, 1882, S.52)..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Execution - Application for a period exceeding 12 months preceding the application not entertainable - However arrears of maintenance can be recovered by filing a civil suit within a period of three years...........
Civil Procedure Code, 1908, Section 50, Order 21, Rule 90, 10, 22 -- Execution - Death of J.D. - Legal representatives to whom property of deceased J.D. devolved by a will brought on record without notice and property sold - Petition by L.R.'s to set aside sale - Dismissed by execution Court - Not sustainable...........
