Civil Procedure Code, 1908, Section 53 -- Execution - Sale of ancestral property in execution - Partition of property does held between deceased J.D. and his sons who were Hindus - Decree can be executed against ancestral co-parcenary property - D.H. can proceed against share of sons of deceased in property attached...........
Civil Procedure Code, 1908, Section 47 -- Objection to the Decree - Decree for specific performance granted qua 1/3rd share in the property - Objection that the agreement was with respect to specific Khasra number and sale deed be executed qua those numbers only - Objection not tenable - Once the decree having been passed, the same cannot be disputed in execution..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Two suits filed by plaintiff claiming permanent injunction and common relief of removal of gate fixed by defendant - Cross suits also filed by defendants - In both suits of plaintiff issue in respect of unauthorized gate was framed and specific finding given - In such circumstances it cannot be aid that no..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Three agreements executed between the parties to resolve disputes - Terms and conditions of one agreement not conflicting with the terms and conditions of the other - Parties separately signed their respective agreements - Approached Court at different times in terms of their agreements - Not necessary for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11, Limitation Act, 1963, Article 136 -- Ejectment from unauthorised possession - Limitation for execution of order - Ejectment order passed against respondents in 1971 - Order not challenged, attained finality - Execution filed, warrants of possession issued - Respondents filed civil suit - Status Quo ordered..........
Consumer Protection Act, 1986, Section 25, 27, Civil Procedure Code, 1908, Section 56 -- Woman - Arrest in execution of money decree passed under Consumer Protection Act - A woman cannot be arrested in execution of a money decree passed under Consumer Protection Act, when decree is executed either by Civil Court or Forum itself - Analogy that a woman can be arrested when..........
Consent decree -- Decree passed on basis of memorandum of understanding executed of past transaction between joint owners of Joint Hindu Family - Memorandum of understanding a narration of existing rights which have come into existence much before the execution of that document - Consent decree passed on the basis of such memorandum of understanding does not require..........
Limitation Act, 1963, Article 59, 113 -- Consent decree - Setting aside - Limitation - Three years - Plea that decree if invalid being not registered then no period of limitation applies - Decree passed on the basis of memorandum of understanding executed of past transaction between joint owners of Joint Hindu Family - Consent decree thus passed does not require..........
Registration Act, 1908, Section 17(1)(b) -- Consent decree - Registration - Family settlement - Property partitioned - Memorandum of understanding recording past family settlement / partition executed - Consent decree passed - Consent decree only recognised pre-existing rights - No new rights created or existiguished - Decree does not require registration...........
Specific Relief Act, 1963, Section 28(1) -- Vendor or lessor can make an application u/s 28(1) of the Act - Petition by transferee pendente lite for declaration that she is a bona fide purchaser and that the judgment and decree is not binding on her and that decree holder is not entitled to get the document of title executed is not maintainable...........
