Civil Procedure Code, 1908, Order 21, Rule 46, 46A -- Notice to garnishee - Executing Court should first attach the debt U.O.21.R.46 CPC before proceeding to pass order U.O.21.R.46-A CPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 13 kg morphine - Bail - Large quantity of contraband was found in a car driven by co-accused - Statement of co-accused recorded u/s 67 of NDPS Act has also named his owner accused - In the face of S.37 of NDPS Act, High Court could not and..........
Criminal Procedure Code, 1973, Section 156(3), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(b), Indian Penal Code, 1860, Section 21 -- Application u/s 156(3) Cr.P.C - Can be treated as complaint by Special Judge or Court so established...........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application filed U.O.9.R.13 CPC - Stay application be heard and decided on merits prior to execution of warrants of possession so that defendant is able to prima facie put forth his case before being dispossessed in execution of..........
Civil Procedure Code, 1908, Order 21, Rule 50 -- Execution - Decree against Firm - O.21.R.50 CPC does not debar Executing Court from proceeding against share of a partner in another firm who is not JD...........
Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 255 gms of heroin - When an under trial has been in custody for a significant period of time and trial is being held up for no fault on his part, Court cannot be expected to be a mute spectator and should rather unhesitatingly interfere for..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - JD contended that suit property is not in his possession since 15 years - However, it is not case of JD that suit property is not belong to him and there is no explanation as to how suit property is not in his possession - There is not even the contention of JD that any third party who is in..........
