Civil Procedure Code, 1908, Order 21, Rule 41 -- Execution proceeding - Attachment of property - Examination of judgment-debtor - Execution of decree on basis of consent - Defendants judgment-debtors bound to disclose their assets - Leave to dispense with show cause notice to dependants under O.21.R.22, granted - Moreso, when execution is sought after delay of 2 years from..........
Civil Procedure Code, 1908, Order 21, Rule 41, 22 -- Attachment of property - Examination of judgment-debtor - Execution of decree on basis of consent - Application for direction to disclose assets - Proper duty bound to disclose assets for satisfaction of decree - Leave to dispense with show cause notice to dependants under O.21.R.22, granted...........
Criminal Procedure Code, 1973, Section 211 -- Charge - Purpose of charge is to apprise the accused precisely and consciously the charge to be framed against him - Charge shall contain the particulars with regard to time and place of the alleged offence and the person against whom or the thing in respect of which it was committed as are reasonably sufficient to give the..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner can be appointed ex parte - Report of Local Commissioner without issuing notice to the other party is admissible in law - However, report of Local Commissioner is not admissible in evidence unless Local Commissioner is examined in Court and an opportunity is given to the other party to cross examine..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant filed revision against decree which was pending before Revisional Court - Held, merely filing of or pendency of revision does not take away jurisdiction of trial Court to entertain and dispose of application - When applicant was proceeded exparte without due service of notice,..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Application u/s 151 filed in execution petition seeking police protection for effecting delivery of possession - Though application is one u/s 151 but nature of relief sought is one under O.21.R.97 for removal of obstruction by third parties - Such an application cannot be ordered without notice - It is..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of sole defendant during pendency of application U.O.9.R.7 CPC - Plaintiff himself submitted application for bringing on record LRs of defendant - Suit could not have proceeded without deciding said application - Court was under obligation to issue notice to LRs of defendant - Finding of appellate Court that..........
Civil Procedure Code, 1908, Section 114 -- Review - Recall of revisional order of High Court - Permissibility - Ground that Judge hearing revisio, petition was counsel for opposite party in earlier litigation between same parties regarding same property - Long period of more than eight years had elapsed from date of earlier litigation - Judge not expected to have..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Proviso - Money decree - Execution - Arrest and detention - Notice to J.D. to show cause instead of warrant of arrest - Notice to be issued to J.D. to appear before the Court - However, such notice is not necessary when Court is satisfied by affidavit or otherwise, that with the object or effect of delaying the..........
Civil Procedure Code, 1908, Section 80 -- Notice - Two months notice period has to be excluded from computing the period of limitation u/s 15(2) of Limitation Act...........
