Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Scientific expert - Comparison of signatures and thumb impressions - Mere denial of execution of documents does not automatically mandate comparison through an expert, particularly when documents relied upon is already part of record and matter is yet to proceed to final adjudication - Application rightly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Any amount already paid under orders passed in parallel proceedings can always be adjusted at the stage of execution - This by itself, does not render impugned order of granting maintenance illegal...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Execution of agreement to sell, payment of earnest money and fixing of date of execution of sale deed admitted - It was the positive case of plaintiffs that they had remained present in the office of Sub-Registrar for execution of sale deed but defendant did not turn up..........
Civil Procedure Code, 1908, Section 39 -- Execution - Arbitral award - Enforcement of an award through execution can be filed anywhere in country where such decree can be executed - There is no requirement for obtaining a transfer of decree from Court which would have jurisdiction over arbitral proceedings...........
Civil Procedure Code, 1908, Section 39 -- Execution - Executing Court could not have returned execution petition for presentation to proper Court in view of S.39 CPC - If executing Court found that decree is necessary to be executed by another Court of competent jurisdiction, executing Court can transfer the decree in view of S.39 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Once suit is decreed security furnished pursuant to an order U.O.38.R.5 CPC survives and enures to the benefit of DH - At the stage of execution liability of surety arises in terms of bond furnished by him...........
Civil Procedure Code, 1908, Section 145 -- Surety - S.145 CPC specifically empowers Executing Court to execute decree against a person who has become liable as a surety for performance of decree - For this purpose, such surety is deemed to be a party to proceedings and execution can be levied against him to the extent of his liability under bond...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Issuance of possession warrant - Relief of possession is in built in decree for specific performance of contract - Executing Court has not travelled beyond decree by issuing possession warrant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit filed by plaintiff claiming natural succession whereas defendants were claiming title over suit property on basis of Will - Plaintiffs only sought formal amendment in respect of cause of action by stating that cause of action will start from death of testatrix and not from date of execution of Will,..........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution - Attachment of proceeds of movie - JD has not made any sincere attempt to settle decree amount - He is borrowing time by filing counter statement or by giving undertakings - Even one time settlement recorded by High Court also not utilized by JD - JD thus, not entitled for any leniency - Execution Court rightly..........
