Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - When a decree for permanent prohibitory injunction is violated and JDs forcibly took possession of DH's property by violating decree, JDs may be expelled by Executing Court by exercising powers U.O.21.R.32 CPC - It would not be necessary for DH..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for injunction - Disobedience of a decree of injunction is necessary for seeking restitution U.O.21.R.32(5)...........
Arbitration and Conciliation Act, 1996, Section 36, 37 -- Execution - Arbitral award - Executing Court cannot defer the consideration of execution application and objections thereto only because an appeal u/s 37 of the Act is pending and when there is no interim order operating against award against which objection u/s 34 of the Act stands rejected - Question of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree for injunction restraining defendant from interfering with use and possession of plaintiffs - Application U.O.21.R.32 CPC is vague, as no details of interference in possession of plaintiffs were given - Executing Court allowed the application without properly appreciating the controversy -..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - JD cannot invoke O.21.R.97 CPC to resist execution of a decree passed against him...........
Civil Procedure Code, 1908, Section 11, 47, Order 21, Rule 97 -- Execution - Objections - Plea of fraud raised by defendants was available to them during trial and was in fact raised in objections during first execution - Said objections were dismissed - Permitting JDs to raise the same plea again in a second execution would violate the principle of finality of litigation..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - O.21.R.29 CPC confers a limited power which is discretionary and intended to prevent multiplicity where same parties are litigating in two proceedings - It cannot be used by JDs to stall execution of a decree already affirmed in appeal and second appeal - If JDs believe that they have an..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution during pendency of application U.O.9.R.13 CPC - Application for stay of execution has to be filed before Court where application U.O.9.R.13 CPC for adjudication, is pending...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - O.21.R.16 CPC enables transferee of decree to get decree executed and for such execution no express permission from execution Court is required...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - Notice to transferor/DH and JD is required calling for their objections and decide on objections if any raised - No separate application is required and execution Court can take such steps on the execution petition itself - Execution Court committed error in directing DH to proceed..........
