Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JD as to attachment of property as it is mortgaged with bank - Objection not tenable as such objection can be raised by bank, the mortgagee of property, and secondly property cannot be refused to be attached on the mere ground that it is mortgaged...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Objection by JDs that execution petition is premature - Objection rejected, as no such objection was raised by JDs during execution proceedings and said objection cannot be permitted to be raised before High Court in proceedings u/art 227 of Constitution...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties resolved their dispute amicably and petitioner paid the agreed amount - Respondent has no objection if petitioner is acquitted - Impugned order of conviction, set aside - However, petitioner shall deposit 15% of cheque amount before District Legal Services Authority..........
Indian Penal Code, 1860, Section 228A -- Disclosing identity of victim - Offence u/s 228-A IPC - Victim herself having no objection in quashing proceedings - Proceedings quashed...........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Execution - Decree for specific performance - Objection by pendente lite transferee - Property sold during pendency of appeal, which is not permissible in view of bar created by doctrine of lis pendence and O.21.R.102 CPC - Pendente lite transferee thus, has no right and not..........
Service -- Dismissal - Misconduct - Domestic inquiry proceedings - Appellant while on duty was found consuming liquor and on the same day respondent Bank also found shortage of Rs.35,000 - Appellant was given full opportunity at every stage of proceedings which he availed - He never raised any objection complaining prejudice of any nature to him before Enquiry Officer -..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle in question registered in the name of accused financed by private company - When accused failed to pay installments, finance company sold the vehicle to petitioner - Accused has no objection in releasing vehicle - Vehicle held, released on supardaginama to petitioner...........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Validity - Plaintiff purchased suit property and defendant not denied his tenancy over suit property - Defendant objected only to the extent that co-sharer of suit property was not a party - However, said co-sharer never raised any objection in respect of sale of suit in favour of plaintiff and as such..........
Civil Procedure Code, 1908, Section 47 -- Execution - Description of property - In the execution application, boundaries have been given - Objection regarding description of property rejected...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Injunction order - Civil Court observed that eviction of tenant shall remain stayed except pursuant to the order of competent Court - Held, injunction order not a hindrance in the execution of decree...........
