Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2-A, Civil Procedure Code, 1908, Order 21, Rule 32 -- Interim injunction - Police protection - Can be provided only when there is threat of breach, disobedience or violation of the order of interim injunction and not when order of interim injunction is violated as in that eventuality aggrieved party has to file execution..........
Civil Procedure Code, 1908, Section 60(1)(kb) -- Execution - Surrender value of life insurance policy - Comes within scope of exemption of S.60(1)(kb) CPC...........
Civil Procedure Code, 1908, Section 60(1)(kb) -- Execution - Once money under LIC policy is received, it becomes personal property and when same is received by legal representatives after his death it becomes part of estate - Either way, money so received is liable for attachment in his hands...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - House of agriculturist - Exemption from attachment - House jointly owned by J.D. and others - Does not disentitle him from getting exemption for his house if he proves that house belongs to him, is in his occupation and he is an agriculturist, labourer or domestic servant entitled for such exemption...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption - House of agriculturist - Exemption of attachment of house of an agriculturist cannot be defeated by waiver of such right by party entitled to it or by his failure to produce material to substantiate the claim if Court finds that he is entitled to the exemption - Denial of such right is opposed to..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment in execution of a decree is to be seen at the time of execution of decree that J.D. is an agriculturist, labourer or domestic servant - Attachment of property during trial is immaterial if that party is then qualified u/s 60(1)(c) CPC...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issues - Once the objections are found frivolous and are filed with an intention to frustrate the decree, then it is not obligatory on the part of the court to frame issues but could decide such objections summarily...........
Civil Procedure Code, 1908, Section 47 -- Execution of eviction petition - Objections - Petitioner claiming herself to be owner on the basis of unregistered will - Will not seen the light of day for more than 20 years - Eviction order was passed in the year 1981 but objections filed in 1996 i.e. after 15 years - Such unregistered will can be prepared at any time in order..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issues - Once the objections are found frivolous and are filed with an intention to frustrate the decree, then it is not obligatory on the part of the court to frame issues but could decide such objections summarily...........
Civil Procedure Code, 1908, Section 47 -- Execution of eviction petition - Objections - Petitioner claiming herself to be owner on the basis of unregistered will - Will not seen the light of day for more than 20 years - Eviction order was passed in the year 1981 but objections filed in 1996 i.e. after 15 years - Such unregistered will can be prepared at any time in order..........
