Civil Procedure Code, 1908, Order 21.Rr, 9 -- Execution of decree - Objections - Each and every objection raised by objector is not to be put to trial merely on asking unless material adduced convinces the Court that objections actually require determination on strength of evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
Family Courts Act, 1984, Section 18(3), Civil Procedure Code, 1908, Section 39(1)(a), 39(4) -- Execution - S.18(3) of Family Courts Act is subject to Ss.39(1)(a), 39(4) CPC...........
Family Courts Act, 1984, Section 18(3), Civil Procedure Code, 1908, Section 39(1)(a), 39(4) -- Execution - Family Court which passed decree cannot execute a decree personally against JD who actually and voluntarily resides or personally works for gain or carries on business within jurisdiction of another Family Court - In such case, decree is liable to be transferred u/s..........
Tripura Land Revenue and Land Reforms Act, 1960, Section 136, 188 -- Execution decree - Objections - S.188 of the Act provides for a complete bar of jurisdiction of Civil Courts under certain circumstances - Therefore, no suit or other proceedings unless expressly provided in the Act lie or be instituted in any civil Court - Suit was decreed by consent - Instead of abiding..........
Agreement to sell -- Further agreement to sell by vendee - Assignment of rights - Suit for specific performance by subsequent vendee against vendor and vendee - Use of term `name proposed by vendee' in agreement in between vendor and vendee refers to a nominee to be proposed at the time of execution of sale deed and not a subsequent assignee/vendee - At the same time..........
Central Goods and Services Tax Act, 2017, Section 67(6) -- Release of seized goods - Court must take recourse to mechanism already provided for in the Act and Rules for release, on a provisional basis upon execution of a bond and furnishing of a security in such manner and of such quantum respectively, as may be prescribed or on payment of applicable taxes, interest and..........
Civil Procedure Code, 1908, Section 47, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31 -- Execution - By DRT - Objections as to validity of decree - Once issue has been decided and if party is aggrieved against the finding of Civil Court, it should have challenged at least the said issue by way of an appeal..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only objection that can be raised before executing Court is as regards decree being a nullity in true sense and not objection as regards its invalidity...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Objection of nullity can be set up even at the stage of execution or in collateral proceedings...........
