Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed in default - Restoration - Execution petition was not listed for hearing but for report on warrant issued to petitioners - Provisions of O.21.R.106 CPC are not attracted - Dismissal in default therefore, could not have been U.O.21.R.105 CPC - Restoration rightly done invoking..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - JD contended that property auctioned does not belong to her husband - However, no documents were filed to that effect - Unless JD proves that sale was conducted because of fraud or irregularity in publishing proclamation of sale or substantial injury or non-issuance of notice, sale cannot be..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Law as to: (a) O.21.R.29 CPC is applicable only if suit and execution proceedings are pending before same Court and not before two different Courts which are not of co-ordinate jurisdiction; (b) Provision of O.21.R.29 CPC will not apply if suit is instituted subsequent to institution of..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Issuance of warrants of arrest - Failure to join proceedings in obedience of notice U.O.21.R.37(1) CPC - Whether the petitioners were duly served or not, can only be proved by leading cogent evidence - However, since the petitioners are pleading at this stage to join proceedings, petitioners directed to put..........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 14 injections of Pheniramine melate IP (Avil) 10 ml each and 14 injections of Buprenorphine IP 2 ml each - Bail - Petitioner is not involved in any other case - Co-accused has already been granted bail - Conclusion of trial may take a long time -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contraband - Re-testing of sample - Can be allowed in extremely exceptional circumstances for cogent reason and application must be made within 15 days of the receipt of report...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contraband - Re-testing of sample - Expert of LAB advised for re-testing of sample - There is extremely exceptional circumstances, in which re-testing of sample is quite necessary - Application for re-testing allowed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Trust property - Suit property was acquired by State Government as per objectors - However, no evidence on record to substantiate such fact - Moreover, plea of acquisition taken first time during execution proceedings - Even otherwise, properties of religious purposes having construction..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction sale - Execution Court to sell such portion of property as may be necessary to satisfy the decree...........
