Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a separate suit - Upon..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Provisions of O.21.Rr.97 to 103 constitute a complete code and provide sole remedy both the parties to a suit and to a stranger to a decree...........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Section 151 -- Production of documents - Non-compliance of order - Court is not empowered, either U.O.11.R.21 or S.151 CPC to strike out defence or dismiss suit...........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85 -- Transfer of investigation to CBI - Defective investigation - Recovery of 500 gms heroin and cash of Rs.39,73,000 - Petitioner alleged that investigation of case is not properly conducted and he is falsely implicated in the case - He was..........
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Non-issuance of notice to original DH - Assignees not only purchased the property but they also holding deed of assignment of decree - They held, entitled to file execution petition - Non-issuance of notice to original DH, would not render the execution petition not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Application for issuing of notice to original DH - Notice was issued by Court to JD but not to original DH - JD filed their objections, but fact remains that execution application not decided yet in either way - Assignees preferred an application of issuance of notice to original DH..........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Issuance of warrants - Property in question already attached - There is no reason to issue warrants of arrest by taking recourse to O.21.R.37 CPC...........
