Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of handwriting expert in rebuttal evidence - Execution of agreement denied - Onus to prove validity of agreement was on plaintiff - Held, plaintiff cannot be allowed to examine an expert in rebuttal evidence on an issue in which the onus of proof was on him - Order allowing rebuttal evidence,..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court to examine the weight of the objections so raised - Framing of issues and opportunity to lead evidence not to be provided in every and all objections - Objector is duty bound to prima facie establish that there is some merit in the objections so raised before claiming any..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - There is no need to frame issues where objections are prima facie frivolous, vexatious and intended to delay the execution...........
Criminal Procedure Code, 1973, Section 70, 71, 476 -- Non bailable warrants - Guidelines issued for issuance of non bailable warrants viz. (1) Courts to use printed and machine numbered Form No.2 for issuing warrant of arrest and each such form to be duly account for; (2) Complete particulars of the case to be mentioned on the warrant; (3) Presiding Judge should put his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Contention of applicant that at the time of execution of sale-deed entire agreement amount i.e. Rs.5,56,000/- has been paid to seller before witnesses and cheque in question was given to seller in advance which he had assured to..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of prohibitory injunction - After passing of the decree J.D. forcibly encroached the suit land by dispossessing D.H. - Possession can be restored to D.H. in whose favour decree..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of injunction - A decree of injunction, be it a mandatory injunction or a prohibitory injunction, can be enforced by detention of judgment debtor in civil prison or by attachment..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of injunction - Court can direct D.H. or any other person to do the required act that will have effect of enforcement of such decree, at the cost of the J.D. - This mode of..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Proviso - Execution - Decree of prohibitory injunction - Limitation - There is no limitation for execution of a decree of perpetual (prohibitory) injunction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complainant - Dismissal for non appearance - Non bailable warrant already pending execution against respondent/accused - Despite direction non bailable warrant was not executed by police - Appellant on account of some unavoidable reasons was not able to make..........
