Civil Procedure Code, 1908, Order 21, Rule 64 -- Provision of O.21.R.64 CPC is mandatory provision...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Whole property put to sale without examining whether a part of the property can be sold for realization of the decretal amount - Sale confirmed against mandatory provision of O.21.R.64 CPC - Impugned order set aside...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution petition cannot be rendered infructuous in the absence of objections having been filed at the instance of third party, even having purchased the suit property from JD prior to filing of suit...........
Civil Procedure Code, 1908, Order 21, Rule 1(4) -- Execution - Amount deposited by JD - Interest - When the deposited amount is withdrawn and gets credited in account of DH, he is not entitled to interest on deposited amount, even when there is failure on the part of JD to issue notice of deposit - In the absence of notice, interest would cease to run from date when amount..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 27A, 29, 36A -- Contraband - Challan presented without FSL report - Contention that report of FSL form very foundation of case of prosecution and is an integral part of challan cannot be brushed aside - Default bail granted...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Sale proclamation - Setting aside - Sale proclamation ordered pursuant to an improper valuation and proven to be an undervaluation is thus, set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 21 -- Offence u/s 21 of the Act is a bailable offence, which provides for a punishment of six months or a maximum of one year...........
Indian Penal Code, 1860, Section 307, 427, 270, 34, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29 -- Bail - Petitioner is in custody since more than 2 years and the conclusion of trial is likely to take time - Petitioner was not involved in any other case and further incarceration of the petitioner would be violative of the right of the..........
Civil Procedure Code, 1908, Order 21, Rule 89, 90, 106 -- Auction sale - Setting aside - JD contended that he was not aware of decree as trial Court passed ex parte decree against him - However, Advocate was appointed by JD who filed vakalatnama and also filed written statement and counter in petition seeking attachment of property - Even, contention of JD that he was not..........
Civil Procedure Code, 1908, Order 21, Rule 105 -- Execution petition - Dismissal in default - Not a bar for filing fresh execution petition provided it is within time...........
