Civil Procedure Code, 1908, Order 41, Rule 6 -- Execution proceedings - Stay of - Execution of judgment and decree passed by trial Court stayed by appellate Court subject to furnishing of bank guarantee by petitioner - Petitioner failed to comply with the order passed - His appeal was subsequently dismissed and he preferred Regular Second Appeal which was admitted but..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Agreement to sell - Specific performance - As per the report of Forensic Science Laboratory the stand taken by defendant-appellant with regard to not making of thumb impression on the agreement to sell found totally false - There is sufficient evidence to sustain the concurrent findings of fact with regard to..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Suit - Based on certain documents admitting liability - Execution of document denied by defendant in its written statement - Application for passing decree on admission - Dismissal thereof by the trial court - Proper - Interference not required...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections to executability of decree - Execution of decree cannot be challenged on points which ought to have been taken in suit - What should precede the decree cannot follow it...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Decree - Execution of - Sale of mortgaged property - Official Receiver - Impleadment of - Proper - Official Receiver required to be aware of about the proceed of property - Interest of secured creditor to be taken care of by the Official Receiver...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90 -- Money suit - Decreed exparte - Execution - Property of JD attached and sold for decreetal amount only - Value of property much higher than the sale proceeds - At the time of sale even identity of property not known - Sale not without suspicion - Judgement debtor ready to deposit decreetal amount - Sale ordered to be set..........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution petition - Dismissal for default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Memorandum of understanding between parties - Complainant thereunder to withdraw complaint - Complainant admitting execution of settlement and receipt of money thereunder - Complainant wanted to prosecute only on ground that he was to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration whereby plaintiff claiming title to property on ground that no Relinquishment deed was executed by him favour of co-owner - Right to sue arose when document was executed and duly registered - Suit filed after lapse of 16 years from date of execution of deed - Barred by time - Plaint..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Compromise decree - Passed in a suit for permanent injunction - Plaintiff in possession - Agreed to relinquish possession - Compromise recorded - Execution petition by defendant decree holder for possession - Objected to - Objection not tenable - Issue of vacating premises a collateral issue in the suit - Decree executable -..........
