Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Interest - Suit where question of mortgage involved - Interest would have to be in accordance with provisions of Order 34 Rule 11 and not Section 34 - Governed by contract between the parties...........
Civil Procedure Code, 1908, Section 92 -- Permission of Court - Sine qua non before institution of suit - Under Section 92 Legislature uses the words : "and having obtained the leave of the Court may institute a suit" - Necessary permission of the Court is a must before any step is taken - Without such a permission - Suit cannot proceed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Counsel's fee allowed more than what is permitted - Executing Court issued warrant of attachment only for a reduced amount - Not legal - Validity of a decree cannot be questioned in execution proceedings unless the Court which passed decree was lacking in inherent jurisdiction to try such a suit and to pass such a..........
Civil Procedure Code, 1908, Section 92 -- Applicability - Section 92 applies to the cases where there is a case of admitted existence of public trust and there is allegation of breach of trust and its terms either expressly or impliedly - Breach of Trust can be alleged to have been committed by the Board of Trustees or any of the trustees or there may be a case that there..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Observations made by trial Court and lower Appellate Court while disposing of application for ad interim injunction under Order 39 Rules 1 and 2 read with Section 151 - Cannot be considered as conclusive findings on facts and circumstances of the case - Findings would necessarily have to be..........
Criminal Procedure Code, 1973, Section 220 -- Joint trial of more than one offence - Section is an enabling provision - Court may or may not try all offences together in one trial...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- sub - rules 2(g) & 2(h) - Execution of Award of District Judge on a reference under Section 18 Land Acquisition Act - Entire amount awarded deposited - Court should call upon decree - holder to file calculation memo to which each of them is entitled - No question of directing judgment - debtor to file a calculation memo -..........
Land Acquisition Act, 1894, Section 26, 18 -- Liability to pay interest on the amount determined by District Judge in the Award on a reference under Section 18 - From the date of deposit of amount determined by District Judge in the Award - Liability of judgment - debtor to pay further interest - Will cease - and come to end - Civil Procedure Code, Order 21 Rule 11 sub -..........
Civil Procedure Code, 1908, Order 32, Rule 3, 3 -- A-Minor if wants to have decree set aside on the ground that his interest not protected in the property - Must file suit asserting his rights on attaining majority or within 3 years thereafter under Section 7 Limitation Act - Interest of minor identical with that of other defendants and suit contested on every conceivable..........
Civil Procedure Code, 1908, Section 47 -- Dispute as to respective shares in compensation awarded under Land Acquisition Act - Executing Court not competent to go into the question as to what are shares of respective parties - As per Jamabandi share of one party more than 50% whereas share of others less than half - Executing Court cannot order disbursement of compensation..........
