Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Limitation - There is no limitation for filing application for execution of decree of permanent injunction and application U.O.21.R.32 CPC can be filed many times...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Non-compliance of decree of permanent injunction is a continuing disobedience entailing penal consequences - DH can file execution applications as long as there is a continuing violation or disobedience of decree...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25 -- Bail - Contraband - Recovery of 2 kg heroin, one 30 bore pistol made in China, 2 magazines and 12 live cartridges came to be effected on the basis of secret information - Petitioner and co-accused have been duly named in the FIR -..........
Criminal Procedure Code, 1973, Section 438, Mines and Minerals (Development and Regulation) Act, 1957, Section 21(1), 21(4) -- Anticipatory bail - Offence u/ss 21(1), 21(4) of Mines and Mineral Act - Offending tractor trolley was seized with illegal stone dust - Same was being driven by son of petitioner - It was the petitioner who directed his son to dump the stone dust..........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 21, 30 -- Execution - Money decree - There is no bar in law to proceed simultaneously against the person and property of JD in execution of a decree...........
Civil Procedure Code, 1908, Order 21, Rule 40(1) -- Execution - Arrest warrant - Order U.O.21.R.40 CPC passed without assigning any reasons and without considering any of contentions of JD - Cryptic order is passed which reveals total lack of reasoning and therefore, same is a non-speaking order, hence set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Contraband - Prosecution has not produced independent eye witnesses of alleged recovery and even no explanation has been offered by prosecution for their non-production - All the witnesses are police personnel - Non-production of independent eye witness is serious lacuna which has made the..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Provision of O.21.R.97 CPC is meant to protect the possession of a third party whose possession is lawful and such a person cannot be evicted on the basis of decree in which they were not party...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - O.21.R.97 CPC is not meant to protect the possession of a person who is not a third party and does not have any independent right and does not claim his possession based upon his independent right over the suit property...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree against Company - There is no provision in CPC which provides for execution of a money decree against JD Company by effecting arrest and detention of its employee, Director or General Manager...........
