Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution - Filed by transferee of decree - Notice to transferor/DH and JD is required calling for their objections and decide on objections if any raised - No separate application is required and execution Court can take such steps on the execution petition itself - Execution Court committed error in directing DH to proceed..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where executing Court declines to entertain a claim or objection against attachment of property U.O.21.R.58 Proviso CPC, remedy of aggrieved party lies in instituting a suit and not in seeking a revision...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where party is denied an opportunity to adduce material evidence in support of its claim, order returning claim petition with an office objection, is liable to be set aside - Matter remitted to executing Court for fresh consideration of claim petition after affording both parties a fair and..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - Litigant who files a petition before executing Court and upon being returned with observations regarding its maintainability, cannot directly invoke jurisdiction of Court u/art 227 of..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Third party objections - Wife of JD filed objections that decree has been obtained by DH by way of fraud - There is no matrimonial discord between petitioner and her husband/JD - Objection application is for all purposes is at the behest of her husband/JD only - Moreover, for totally unexplained reasons, JD did..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 21(vii) -- Maintenance to widowed daughter-in-law - Widowed daughter-in-law is entitled to claim maintenance from coparcenary property which would subsequently form part of estate after death of father-in-law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 42, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Unauthorized search - However, as per the charge sheet, the search and arrest of the accused was undertaken in the presence and under instruction of SI and by J, who holds the rank of women head constable - Arrest and search of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of S.50 NDPS - As per record, heroin was recovered from the residence of the accused and not her person - S.50 NDPS only applies in the case of search of the person of suspect, pursuant to the apprehension of..........
