Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Passport of J.D. cannot be impounded in an execution proceeding on the apprehension raised by D.H. that J.D. is likely to leave the country and thus the decree holder would be deprived of realising the fruits of the decree...........
Civil Procedure Code, 1908, Order 21, Rule 2, Limitation Act, 1963, Section 5, Article 125 -- Settlement out of Court - Recording of satisfaction - No period of limitation is prescribed when D.H. applies - However, J.D. must file an application for recording the settlement outside the Court, within thirty days from the date of settlement - S.5 of Limitation Act is not..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Settlement out of Court - When memo filed at the instance of D.H. no further verification is required - Recording satisfaction at the instance of J.D. requires issuance of notice to D.H. and a semblance of enquiry and it is only when D.H. admits the settlement that the satisfaction can be recorded...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H) - Impleading of L.R's - As per amendment of O.22.Rr.3, 4 by Punjab & Haryana High Court, there is no limitation for bringing on record the legal representatives - Question of abatement of suit does not arise - Legal representatives can be brought on record at any time...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Objection petition U.O.21.R.97 CPC alleging fraud or collusion between D.H. and J.D. - Held, it is a question of fact which can only be ascertained when issues are framed and opportunity granted to the parties to lead evidence - Objections U.O.21.R.97 CPC have to be decided as a suit - Held, Court below erred in not framing..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Not encyclopedia of incident - Complainant deposed that except for `H' and `R' others came out and that presupposes that all accused persons had entered into club room along with victim - Fact that four of accused persons came out is a circumstance which can co-exist with fact that they had entered into club room - Held,..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 96 -- Rent deed executed after attachment of property - Invalid - Tenant is not entitled to occupy the premises and resist D.H. from taking actual possession in he garb of the fact that he cannot be evicted otherwise than in accordance with law - Tenant is liable to hand over vacant possession to D.H. and also to pay..........
Right to Information Act, 2005, Section 2(h) -- Public authority - Any body owned or controlled by the appropriate Government and any body substantially financed by funds provided by the appropriate government as also any non-government organisation substantially financed by funds provided by the appropriate Government would fall within the inclusive limb of the definition..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Obstruction - D.H. is to be put into possession - To put behind bars or to attach property of wrong doer is no relief to the D.H. - Relief to D.H. is only by giving respect to the Court's decree...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Framing of issues - Decree whether obtained by collusion of D.H. with J.D. - Question of fact is involved - To be decided after framing of issues and affording an opportunity to parties to lead evidence...........
