Civil Procedure Code, 1908, Section 2(2), 9, 21, 16 -- Decree passed by a Court lacking inherent jurisdiction is a nullity - Principles of estoppel, waiver and acquiescence or res judicata are not applicable to such a decree - However, this is not the case with a decree passed by a Court having no territorial or pecuniary jurisdiction - Such a decree can be interfered with..........
Civil Procedure Code, 1908, Section 2(2), 54, Order 20, Rule 18, Civil Procedure Code, 1908, Section , Order 21, Civil Procedure Code, 1908, Section , Order 26, Rule 13, 14 -- Preliminary decree - Execution thereof - Non-intiation of final decree proceedings - Effect - Suit for partition - Preliminary decree passed - Final decree proceeding not initiated - Property put on..........
Civil Procedure Code, 1908, Section 6, 9, 16, 17, 18, 19, 20, 21) -- Lack of jurisdiction - Effect of - Order passed by a person lacking inherent jurisdiction is nullity - Principle of estoppel, waiver and acquiescence or res-judicata, being procedural in nature will not be applicable in a case were an order has been passed by Tribunal/Court without authority in that..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Possession - No provision for grant of police protection - However, executing Court is conferred with power, to order such measures, as are need, to ensure that decree is executed - There is specific power to order removal of obstruction seen if offered by third parties - It cannot be said that executing Court..........
Civil Procedure Code, 1908, Section 2(2), Order 21, Rule 1 -- Promissory note - Joint decree, holding J.D's liable jointly and severally - Held, Court cannot curtail freedom of decree-holder to execute decree only against one judgment debtor and not against other, on basis of understanding inter se between judgment debtors...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Death of D.H. - Execution of decree by legal heirs - If the remedy of injunction granted by the decree is in respect of any heritable and partible right, it does not get extinguished with the death of a party thereto, but enures to the benefit of the legal heirs of the..........
Land Acquisition Act, 1894, Section 23(1), 28, 34, Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 24, Rule 1, 2, Civil Procedure Code, 1908, Order 34 -- Land Acquisition - Compensation - Interest - Deposit of amount if falls short - Rule of appropriation applies - The amount is to be appropriated first towards interest, then towards costs..........
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..........
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...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Objection of third party in execution - Treated as Civil Suit - To be decided after framing of issues - Parties to lead evidence in support thereof...........
