Civil Procedure Code, 1908, Section 60(1)(c) -- Benefit of exemption - Cannot be waived by J.D...........
Civil Procedure Code, 1908, Section 60(1)(c), Proviso -- Attachment - Exemption - Burden is upon J.D. to prove that he is an agriculturist, cultivates land personally and earns his livelihood or income from agricultural property - J.D. has to prove that land sought to be sold forms part of land appurtenant to house or other building - Exemption from attachment is..........
Civil Procedure Code, 1908, Section 60(1)(c), Punjab Land Revenue Act, 1887, Section 67, Motor Vehicles Act, 1988, Section 174 -- Attachment of residential house in execution of award passed under Act of 1988 - Motor Accident Claims Tribunal awarded compensation - Execution of award - Objections filed contending that award cannot be executed in respect of only residential..........
Civil Procedure Code, 1908, Order 34, Rule 1, Transfer of Property Act, 1882, Section 60 -- Redemption of mortgagor - Death of mortgagor - Property succeeded by more than one legal representatives - Any one of them can seek redemption - Suit not bad for non-joinder of other successors/mortgagors...........
Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, Civil Procedure Code, 1908, Section , Order 37, Rule 1, 2, Contract Act, 1872, Section 59, 60, 61 -- Rule of appropriation of payments by J.D. towards decretal amount - Payment has to be adjusted strictly in accordance with directions contained in the decree - In the absence of such directions, adjustment has to be made..........
Civil Procedure Code, 1908, Section 60(ccc), Order 33, Rule 1(a) -- Sufficient means -Kachha houses would not fall within in the provisions of Sec.60(ccc) & O33R1(a), while considering means of the person who had filed suit as an indigent person...........
Civil Procedure Code, 1908, Order 34, Rule 5(1)(2), Transfer of Property Act, 1882, Section 60 -- Mortgage - Right of Redemption - Extinguishment of Right - Final Decree - High Court held that by passing of decree for sale under O 34 R 5(3), mortgage debt is merged into the decree and right to redemption is not available. Held - Final decree for sale under Order 34 R 5(3),..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Easement Act, 1882, Section 60 -- Tenancy right - Construction of - Refusal to use irrevocable licence - Validity of - Plaintiff was tenant of first floor of premises - Permitted to use roof top and garden but not as part of her tenancy right - Intention of parties was never to create irrevocable licence in favour of..........
Civil Procedure Code, 1908, Section 60 -- Money decree on the basis of compromise passed in a suit for specific performance - In case of default to make payment house could be sold - Held, house not exempt from attachment...........
