Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - On filing of fresh suit order passed in previous suit staying execution of decree will not revive...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Development agreement - Breach of agreement - Injunction against such breach sought for - Plaintiff after execution of agreement for development of site was all along honestly trying to perform his part of contract - He had in good faith spent huge sum of about Rs.30 lakh in course of last thirteen years in terms of..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Stay of execution - Petition for stay not filed alongwith objection petition - Trial Court order that stay petition be decided after hearing both the parties and fixed the stay petition alongwith main file - Held, when petitioner is not vigilant and is responsible for the delay then he is not entitled to stay from High..........
Civil Procedure Code, 1908, Section 47, 11 -- Decree - Execution - Plea raised and rejected in ejectment petition - The same very plea cannot be reagitated in execution petition...........
Civil Procedure Code, 1908, Order 21, Rule 50, Civil Procedure Code, 1908, Order 30, Rule 6 -- Decree against firm - Can be executed against partner individually who had been served with notice of suit and had appeared in suit individually - Personal property of such partner when attached in execution of decree against firm and he not objecting to same then objection..........
Civil Procedure Code, 1908, Order 21, Rule 46(B) -- Executing Court - Power of - Execution of money decree - O.21.R.46-B authorises Executing Court to direct garnishee (Bank) to pay "amount due from him (garnishee) to judgment-debtor" - Under circumstances direction given to create liability for bank, rather than to pay any debt amount or deposit amount of judgment-debtor..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution subject to payment of Rs.15, 000/- per month in addition to the contractual rate of rent - Tenant as per Delhi Rent Control Act does not include a person against whom an order or decree for eviction is passed -..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution - Contractual rent Rs.371.90 since 1944 - Premises situated in prime commercial locality - Tenant directed to pay Rs.15, 000/- per month as charges for use and occupation during pendency of appeal - No fault can be..........
