Civil Procedure Code, 1908, Section 146, 47 -- `Representative' - Meaning with reference to J.D. - Meaning is not restricted to legal representative, i.e. heir, executor or administrator, but also covers his representative-in-interest including purchaser of interest - Decree of declaration and perpetual injunction regarding right of way is enforceable against transferee of..........
Criminal Procedure Code, 1973, Section 145, 146 -- Quashing of proceedings - Petition for - Parallel proceedings - Civil Court seized of the matter and has granted an interim injunction - Parallel proceedings u/S.145 and 146 of the Code are not maintainable...........
Criminal Procedure Code, 1973, Section 145, 146 -- Injunction by Civil Court in favour of the petitioner - Proceedings under Section 145 initiated and ordered the attachment of the land and Receiver appointed - Subsequently no, speaking order passed and ordered the Kalendra to be filed - Order cannot be sustained - The proceedings taken by the Magistrate in this case are..........
Criminal Procedure Code, 1973, Section 145, 146(1), 401 -- The mere pendency of the Civil suit about the same subject matter between the same parties or the orders of Civil Court of the type discussed above do not restrain the Criminal Court from exercising jurisdiction u/S.145 of Criminal Procedure Code...........
Civil Procedure Code, 1908, Section 146, Order 21, Rule 16, Transfer of Property Act, 1882, Section 52 -- Decree for injunction - Assignee of a legal representative is bound by the decree obtained against the assignor or predecessor in interest...........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Devolving of interest in suit property by sale deed Impleading of purchaser in appeal or revision - Held, provisions of S.146 and O.22.R.10 CPC do not preclude a person who has not got himself added in the Court below to seek addition in an appeal or revision...........
Civil Procedure Code, 1908, Section 100, 151, 146, 2(11), Order 1, Rule 9 -- During pendency of first appeal plaintiff respondent kidnapped - Appeal allowed against him in his absence - Second appeal filed by wife and children, who were not parties before lower Court - Appeal is maintainable...........
Civil Procedure Code, 1908, Section 146, Order 21, Rule 69 -- The rule is mandatory in nature - Auction sale if adjourned for a period exceeding 30 days a fresh proclamation must be issued - In proper cases, the court may under S.146 order the judgment debtor to pay costs of the adjournment, but cannot refuse to issue a fresh proclamation...........
Civil Procedure Code, 1908, Section 50, 146, Order 21, Rule 32 -- Decree for injunction - execution - after passing of the decree death of J.D.-decree can be executed against the legal representatives of the judgment debtor...........
Civil Procedure Code, 1908, Section 146, 47, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 16 - - Pre-emption decree - Not assignable or transferable - Pre-emptor decree - holder divesting himself of ownership rights before execution of pre - emption decree - Right to execute pre - emption decree remains intact.
A pre - emption decree is not assignable..........
