Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objections - Enquiry U.O.21.R.97 CPC - Holding an enquiry may not be necessary if it can be made out apparently that obstruction is caused at the instigation of JD or on his behalf or by transferee from JD either during pendency of a suit or execution proceeding...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenants - Sub-tenants contended that sub-letting is lawful as per Karnataka Rent Act - Contention rejected, as suit was filed seeking eviction of JD by terminating tenancy u/s 106 of T.P Act, therefore, provisions of Karnataka Rent Act held, not applicable...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Execution of agreement between parties can be seen from the plaint - Subsequent acquisition of land and its de-notification is also on record - Whether acquisition of land by authority frustrated the agreement and it did not give rise..........
Civil Procedure Code, 1908, Order 21, Rule 58(4) -- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there is no necessity of filing..........
Criminal Procedure Code, 1973, Section 428 -- Set off - Detention undergone by accused subsequent to date of conviction can only be a detention in execution of sentence awarded by Court pursuant to conviction - Said detention cannot be treated as detention for purpose of S.428 Cr.P.C. - Provision of S.428 Cr.P.C. is applicable only in respect of detention undergone by an..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for recovery of possession u/s 6 of Specific Relief Act - Objections filed on the ground that S.185 of Delhi Reforms Act bars a civil suit for recovery of possession - However, bar under said Act is not attracted, as suit property is not agricultural land - There was thus no inherent lack of..........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Execution - Auction sale - Sale conducted ignoring the mandatory provision of O.21.R.64 CPC - Sale is without jurisdiction - For that leave about the bar of limitation to file application after 2 months U.O.21.R.90 CPC, as it is not applicable...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Mere fact that earlier JD or somebody to the attachment of property raised objection and petition was dismissed for default, is not a bar to impugn the sale...........
