Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104 -- Suit for specific performance - Objections by son that suit property is a joint Hindu family and coparcenary property and that decree cannot be executed against him - Held, son has no right to intervene in the process of sale at this stage - Coparcener shall have right to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104 -- Execution - Objections - Framing of issues - Merely because frivolous and vexatious objections are filed with a view to delay and defeat the execution of the decree, it is not necessary that Court must frame issues and grant opportunity to the parties to lead evidence...........
Civil Procedure Code, 1908, Section 41, Order 21, Rule 37, 38 -- Arrest & detention - J.D. a man of no means - J.D. doing coolie work - When a person does not have any means to clear of his debts, he cannot be arrested - Order directing arrest of J.D. set aside...........
Civil Procedure Code, 1908, Order 21, Rule 54, 54 -- Notice - Mere issuance of notice U.O.21.R.54(1) cannot be construed as notice U.O.21.R.54(1-A) - Only when notice U.O.21.R.54(1-A) is issued proviso to O.21.R.66(2) springs into action i.e. when notice U.O.21.R.54(1-A) is issued then no further notice as required U.O.21.R.66(2) is required...........
Civil Procedure Code, 1908, Order 21, Rule 66(2), Civil Procedure Code, 1908, Order 5, Rule 20, 15 -- Notice - By affixture - Not a valid notice in the absence of process server making repeated efforts to effect personal service and in the absence of Court ordering to follow the procedure contemplated u/o 5 rule 20 CPC on a report of process server...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution proceeding - Possession delivered to DH - Objection by LR's of deceased JD - Order of Executing Court treating application as not maintainable merely on ground that Execution Petition was closed - Not proper...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution proceeding - Arrest and detention of Judgment debtor - Order directing his committal to civil prison - No steps as contemplated under Sec.51 and Order 21, C.P.C. was followed - Execution Court ought to have exhibited care and caution to ensure that each step is followed scrupulously - Order committing petitioner to..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Payments made during pendency of suit and/or execution proceedings - Adjustment - Provision of O.21.R.97 CPC cannot be invoked to make such an application...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii), 21, 23 -- Contraband - Hidden in panties - Accused herself taking out the contraband from her panties and handing it over to the Officer - Non production of the panties is not fatal...........
Constitution of India, 1950, Article 226, 227, Civil Procedure Code, 1908, Section 141, Order 21, Rule 10 -- Implementation of judgment/order of High Court rendered in writ jurisdiction - Manner, method and procedure to be followed - Writ/mandate issued by the High Court cannot be treated as a decree, but is far more than a decree - Implementation of the orders under..........
