Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot go behind the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to nullity of decree - Objection neither raised before Executing Court or first appellate Court or High Court - It cannot be allowed to be raised for the first time before Supreme Court - Objection rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Time was not the essence of contract as per agreement to sell - Commencement of period of limitation computed from the date of refusal of defendants to execute sale deed and refusal whereof is to be gauged from the factum of suppression of earlier..........
Civil Procedure Code, 1908, Section 39(1)(a), (4) -- Execution - `Any person' - Petitioner who is garnishee, can be termed as `any person' occurring in S.39(4) CPC...........
Civil Procedure Code, 1908, Section 39(1)(a), (4) -- Execution - Transfer of decree - JD and petitioner/garnishee both residing and having its office at Cochin i.e outside the jurisdiction of Court which passed the decree - Amount that is ordered to be sent for execution petition is also lying in the credit of petitioner at Cochin - Decree held, transferred to Court of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objections - Issues - Framing of issues and recording of evidence not essential in each case - Court can frame point of determination but such determination may or may not require recording of evidence - Executing Court, on the basis of the material available on record, coupled with the pleadings of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Police protection - Decree for permanent injunction - Police protection allowed by executing Court - Order set aside by High Court - Application not liable to be dismissed merely for the reason that it was filed u/s 151 CPC and not U.O.21.R.32 CPC - Order allowing police protection cannot be set..........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution - On receipt of application for execution of decree, executing Court is required to ascertain whether requirements of O.21.Rr.11 to 14 CPC, has been complied with or not and in event of no, compliance, duty is cast upon Court to allow said defect to be remedied...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Quashing of FIR - Offence u/ss 420, 406 IPC - Agreement to sell - Advance amount received by accused and he neither returned amount nor complied with terms and condition of agreement to sell - Breach of agreement between parties - It is purely civil dispute arising out of agreement to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution of decree - Suit for possession - Resistance by stranger - Mere possession of property subject matter of decree under execution is not by itself sufficient for resisting execution of said decree by stranger - Requirement of law is to establish independent legal right to possess said property by such person..........
