Civil Procedure Code, 1908, Section 52, 53, Order 21 -- Execution - Money decree - Attachment of property - Attachment in execution does not extinguish prior encumbrances - An attachment is always subject to existing charges or mortgages - There is no prohibition to attachment merely because property is mortgaged - Mere existence of a mortgage cannot constitute a valid..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property - O.21 CPC does not prohibit attachment merely because property is mortgaged - Rights of mortgagee remain unaffected and decree holders claim would rank subject to such encumbrance...........
Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 135 -- Execution - Decree for mandatory injunction - Limitation for enforcement of decree granting mandatory injunction is three years commencing from date of decree or where a date is fixed for performance, such date...........
Registration Act, 1908, Section 17(2)(vi) -- Registration - Compromise decree - When property mentioned in compromise decree is nothing but suit property and compromise decree does not take into hold any property other than suit property, compromise decree need not be registered...........
Registration Act, 1908, Section 17 -- Registration - Compromise decree - Non-registration of compromise decree does not render it null and void...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - When a compromise is to be recorded and a decree is to be passed in terms thereof, O.23.R.3 CPC envisages that terms of compromise should be reduced into writing and signed by both the parties to suit...........
Specific Relief Act, 1963, Section 38 -- Simpliciter suit for permanent injunction - Decree passed in such a suit would be binding only upon parties to suit and not upon any third party who is not impleaded therein...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objection - Judgment debtor cannot defeat a decree by alienating property after decree is passed but before decree is realized...........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Execution - Arbitral award is enforceable in the same manner as if it were a decree of Court essentially, a deemed decree...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Settlement agreement was recorded only in civil Court and a decree passed in the suit - Complaint was neither referred to mediation nor was any compromise reported before trial Court - Criminal proceedings thus, continue to subsist independently...........
