Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution of decree - Removal of obstruction coming in the way of DH - Decree for delivery of vacant possession - Decree-holder is entitled to get vacant possession, after removal of any construction or structures put up during pendency of suit...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Motor Accident Claim - Execution - Award of Motor Accident Claims Tribunal is to be treated as a decree of Civil Court and application U.O.21.R.11 CPC is maintainable - Claimants cannot be asked to go to District Collector for same relief - Tribunal possesses inherent jurisdiction to enforce its own award in accordance with..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objections - Objections raised already adjudicated upon by first appellate Court and the same cannot be raised again in execution - Executing Court is bound in law to execute the decree...........
Civil Procedure Code, 1908, Section 13, 44A -- Reciprocating territory - Execution of decree - Purpose of - A Special provision for - Purpose S.44 A would be defeated if it is held that decree of nature mentioned in it should be first put on execution in Court which passed it...........
Civil Procedure Code, 1908, Section 13, 44A -- Execution of decree passed by Court Reciprocation Territory - Objection to - Plea that application for execution of foreign decree could be made only after obtaining leave under O.21.R.22 - Not tenable...........
Civil Procedure Code, 1908, Section 44A(2) -- Issuing Specific Certificate - No format given in the Act - Execution of - Decree passed by Reciprocating territory - Statute has not prescribed any form - Certificate is conclusive proof of extent of satisfaction or adjustment of decree - Certificate in any form issued by Court which passed decree would be a certificate for..........
Civil Procedure Code, 1908, Section 44A(2) -- Section 44A CPC - Purpose of - Execution of decree passed by Court in reciprocation territory - Peoples' Republic of Bangladesh has been declared as reciprocating territory for purpose of S.44A - Courts of District and Subordinate Judges in Bangladesh specified as superior Courts of Bangladesh - Decree passed by these Courts in..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction petition - Execution - Death of tenant - Legal heirs of tenant become only joint tenants and not tenants in common - Eviction decree against one of the joint tenants - Decree is binding on other joint tenants - Objection to execution of decree by other joint tenant - Not tenable...........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 31 -- Execution of decree - Application for - Contractual matter - Specific case of judgment-debtor that disputes raised by decree-holder were not referable to arbitration - Decree-holder after submitting no claim certificate had taken refund of security deposit - Remained..........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Section 47 -- Waiver and acquiescence - Execution of decree - Question whether decree is nullity - No objection at earlier stage - Judgment - debtor cannot be denied remedy available to him under S.47 of Civil P.C. - Principles of waiver, acquiescence and estoppels would not be applicable...........
