Civil Procedure Code, 1908, Section 115, Order 21, Rule 36 -- Execution petition - Order directing delivery of possession to decree holder - Revision against - Mode prescribed for delivery of possession in case was provided under O.21.R.36, CPC - Thus, if disputed order would have been in favour of judgment debtor, proceedings would not get terminated - If at all..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution proceedings - Application alleging disobedience of injunction order - Held, executing court would have to adjudicate upon application alleging disobedience of injunction on touchstone of O.21.R.32 CPC - It is only after executing court is satisfied that there is a willful default/disobedience of said order that..........
Civil Procedure Code, 1908, Order 21, Rule 32,38 -- Execution - Injunction order - Disobedience - Detention in civil prison - Court is required to record a finding as to whether J.D. had an opportunity to obey the decree and have willfully failed to obey the same - Executing Court mechanically accepted the case made out by D.H. - Impugned order set aside...........
Civil Procedure Code, 1908, Section 42, 41, Order 21, Rule 6, 7, 26 -- Execution of decree - Transferee executing court - Powers of - Whether transferee executing court is entitled to entertain and decide an objection as to executability of decree on ground that transferor court which is duly constituted under law lacked jurisdiction to pass decree? - Held, transferee..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for injunction - Willful disobedience of - Issuance of warrant of arrest - Held, to attract O.21.R.32 of the Code, there must be evidence of willful disobedience of decree for injunction...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution of decree - Beyond two years - If execution is beyond two years from date of decree, notice to J.D. is mandatory...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 10, Civil Procedure Code, 1908, Order 21, Rule 41(2) -- Application for interim maintenance - Dismissal - On ground of no, mentioning anything in divorce application by wife regarding her income - Fresh opportunity to file fresh affidavit disclosing her income and her exact financial status not given..........
Civil Procedure Code, 1908, Order 21, Rule 84,85 -- Execution sale - Payment of 25% of bid amount - Held, mandate of O.21.Rr.84 & 85 of the Code is to ensure that 25% of the bid amount is paid on date of auction itself - Provisions are mandatory...........
Civil Procedure Code, 1908, Order 21, Rule 84,85 -- Interpretation of statute - Factors to be taken into consideration - Held, a statute must be read reasonably - It must be construed having regard to its legislative intent - It has to be meaningful - It must fulfill the object and purport of the legislative intent - It is also a well settled principle of law that common..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of decree - Objections of auction purchasers rejected - Period of 99 years of lease created through lease deed dated 23.11.1911 has expired on 22.11.2010 - Courts below had already held in favour of petitioner that auction purchaser would be having right till 22.10.2010 - Said period has already expired and as..........
