Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Proclamation - Where sale of valuable property is involved, it is desirable that Court should make its valuation and enter it in the sale proclamation...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Proclamation - Fixation of upset price of sale - Contentions of JD - When Court fixes upset price of property to be sold in sale proclamation, normally purchasers will form an opinion on basis of it - Once upset price is fixed, there is no purpose in incorporating contentions of JD in proclamation because it..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Proclamation - If a part of property is sufficient to meet decree debt, there is a duty cast upon Court to fix extent of property to be sold with specifications like boundaries, survey numbers etc. for identification of property to auction purchasers...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Second appeal arising out of civil suit pending wherein Court has directed the parties to maintain status quo - Proceedings quashed - Mustard crop seized or handed over to the receiver ordered to be returned back in a proper condition - If crop seized is not available then SDM shall be personally..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Can be passed even if subject matter of agreement, compromise or satisfaction is not the same as subject matter of suit in terms of provisions of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When there are clear findings recorded by both the Courts below based on fact upon appreciation of evidence, High Court sitting in second appeal cannot lightly interfere with the same, as findings of fact recorded by first appellate Court are binding on High Court since it is a last Court of fact - There are no..........
Civil Procedure Code, 1908, Section 50, 52, Order 21, Rule 11 -- Execution - Money decree - Arrest of LRs of JD - Liability of L.R's is limited to assets which actually come to his hands - An order of arrest of L.R's of J.D. is not sustainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Plaintiffs by way of second amendment application sought to introduce and elaborate further facts within four corners of amended plaint - Amendment sought introducing new cause of action were only in the nature of elaborating pleadings already existing after first amendment - However,..........
Civil Procedure Code, 1908, Order 41, Rule 5(3) -- Stay of execution by appellate Court - Partition decree - Decree appealed is decree in partition suit which only decides right of parties and share and it is not the money decree - Provisions of O.41.R.5(3) CPC thus, not applicable - Impugned order set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings that suit properties were self acquired properties of deceased being a finding of fact based on material evidence on record is not liable to be interfered by High Court in second appeal in absence of any material illegality or mis-appreciation of evidence on record of Court..........
