Civil Procedure Code, 1908, Section 150(1)(ccc) -- Scope of - Residential house if specifically charged regarding debt sought to be recovered - Can be sold in execution of decree. The proviso to sub-clause (ccc) of proviso to sub-section (1) of Section 60 of the Code of Civil Procedure, provides that the protection afforded will not extend to any property specifically..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption of residential house of judgment - debtor from sale in execution of decree - Portion of house which is on lease with a tenant - Not exempt from attachment and sale.
- clause (ccc) of proviso to sub - section (1) of Section 60 of the Code of Civil Procedure gives protection to judgment - debtor that the..........
Punjab Gram Panchayat Act, 1952, Section 97 -- Suspension of resolution of Gram Panchayat - Notice to aggrieved perso, Essential - Incumbent on Deputy Commissioner to hear aggrieved person before suspension of resolution. The Deputy Commissioner under Section 97 of the Punjab Gram Panchayat Act cannot pass an order suspending the resolution of Gram Panchayat without notice..........
Civil Procedure Code, 1908, Section 11 -- Sale without attachment in execution proceeding - No objection to the validity of sale - Sale not completed and sale a second time - Constructive res-judicata applies over raising that objection...........
Civil Procedure Code, 1908, Section 11 -- Constructive Res-judicata - Can be different stages of the same execution proceedings...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37(2) -- The order of arrest passed by the executing Court without giving a finding regarding the means of the J.D. to pay the decree amount is not one without jurisdiction as the order of arrest is only under O.21.R.37(2) CPC. Needless to say that the executing Court should necessarily go into the question of means of..........
Transfer of Property Act, 1882, Section 123 -- Land in cultivation of donee and capable of physical delivery of possessio, Donee present before Registrar at the time of execution of gift - deed - Amounts to acceptance of gift by donee. It is no doubt true that law requires proof of acceptance of a gift by the donee and an inference in this behalf can be drawn when the..........
Punjab Pre-emption Act, 1913, Section 3(5)(a) - - Sale in execution of decree for specific performance of agreement to sell - Pre-emptible. Sale in execution of the decree for specific performance of the agreement to sell passed in favour of the vendees is pre-emptible. (1965 P. L. R. 74 Reiterated) (Para 5) The words in Section 3(5)(a) of the Punjab Pre-emption Act are..........
Civil Procedure Code, 1908, Section 47 -- Express direction of Court regarding deposit of pre - emption amount if not complied with by decree - holder - Decree in favour of pre - emptor cannot be said to be in existence - Pre - emptor not entitled to take out execution - Amount deposited less than decretal amount in pre - emption decree - Decree - holder taking out..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree for possession - Objection by stranger in possession in his own right - Order upholding objection - Is not appealable...........
