Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Issuance of conditional warrants of arrest - Judgment debtor had actively contested the case - No application filed by JD for contesting as indigent person - Only bald statements have been made that JD does not have means to satisfy decree - Conduct of JD evidences that he is only trying to avoid..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Doctrine of merger - Trial court while allowing suit for specific performance had specifically directed that plaintiff shall deposit balance sale consideration with Court within 20 days from date of judgment passed by trial Court - Contention that decree passed by trial Court can be affirmed by High..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Although S.28 of the Act permits judgment debtor to seek rescission of a contract and also permits extension of time by Court yet merely because rescission of contract was not sought by judgment debtor would not automatically result in extension of time...........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Non compliance with decree of restitution of conjugal rights - Either party can seek divorce on the ground of non-compliance of decree for restitution of conjugal rights and Judgment Debtor cannot be precluded from exercising his right to avail the relief thereof...........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - The mandatory nature of the twin conditions to be satisfied before an auction sale can be set aside as provided U.O.21.R.90(3) CPC - No application to set aside a sale on grounds of irregularity or fraud under the Rule can be..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Judgment and/or decree for money in favour of financial creditor, passed by DRT or any other Tribunal or Court or issuance of a certificate of recovery in favour of financial creditor, would give rise to a fresh cause of action for financial creditor to initiate proceedings u/s 7 of the Act..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Third party objection - Execution of decree - Appellant filed objection in execution proceedings claiming that he was not impleaded as party though was tenant in shop thus order of eviction not binding on him - Appellant miserably failed to prove relationship of landlord and tenant..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - Out of Court settlement - Judgment-debtor should not have taken the risk of warding off a decree by an out of court settlement by a doubtful document - This fatal mistake has to be to his peril - No person of reasonable intelligence would accept such a defence against decree..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Scope - O.21.R.32 CPC deals with twin situation (i) regarding execution of decree and if decree of injunctions is otherwise not executable then to resort to civil imprisonment or attachment of property of judgment debtor; (ii) violation of decree passed by trial Court - To claim any violation of decree specific..........
