Land Acquisition Act, 1894, Section 27, 28, 31, 34, Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution of money decree or award decree or decree other than mortgage decree - Rule of appropriation - Interest ceases to run on amount deposited - Short deposit - Decree holder entitled to appropriate amount first towards interest then towards costs and then towards..........
Land Acquisition Act, 1894, Section 11, 27, 28, 31, 34 -- Execution of compensation - Rule of appropriation of compensation - 'Stagewise appropriation' rule laid down in Prem Nath Kapoor's Case approved - First stage - Award by collector - Deposit/payment of whole amount awarded u/s 31 - Notice to claimant - Withdrawal of amount with/without protest - After notice claimant..........
Civil Procedure Code, 1908, Order 21, Rule 97(2) -- Execution - Objections - Possession as tenant - Mere possession is not sufficient to resist or obstruct the decree of eviction in absence of documentary evidence as to legal possession over the decreetal premises...........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance - Decree of restitution of conjugal rights in favour of husband - Husband not initiating execution proceedings of the decree - Held, conduct of husband is relevant to determine as to whether wife should get maintenance - Held, conduct of inaction by the husband to execute the decree is sufficient to grant..........
Punjab Security of Land Tenures Act, 1953, Section 8, Punjab Tenancy Act, 1887, Section 59 -- Dholi tenure vis-s-vis Occupancy tenure - Distinction - Dohli Tenure not same as occupancy tenure - Occupancy tenure is capable of sale carrying with it pre-emptory obligation to offer it in the first instance to landowner - No such obligation in Dholi tenure - Occupancy rights..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise of suit - Nature of decree passed - Rule 3 consists of two parts - First part provides that where it is proved to the satisfaction of Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties, the Court shall order such agreement or compromise..........
Stamp Act, 1899, Section 47A, 17, 2(14) -- Specific performance - Decree of - Execution of sale deed by Court on behalf of vendors - Stamp duty - Relevant date for purpose of determining market value on which stamp duty is payable is the date on which sale deed is executed by Court on behalf of the vendors...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Money decree - Sale of entire attached property or a portion thereof - If Court orders sale of the entire attached property without addressing itself to the issue whether the sale of the entire attached property should be ordered or the sale of only a portion of it will be sufficient to satisfy the decree,..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 41, Rule 5 -- Execution - Stay - Executing Court can stay execution of decree for a reasonable time only in two circumstances (i) to approach the same Court which passed the decree and to get an order of stay of operation of decree; (ii) to enable a party to file an appeal and get order of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Framing of issues - Not necessary when sale is made during pendency of suit as purchaser is bound by the decree. (Transfer of Property Act, 1882, S.52)..........
