Civil Procedure Code, 1908, Section 2(12) -- Mesne profit - Wrongful possession of immovable property by the occupant is the essence of a claim for mesne profits and cause of liability of the occupier...........
Civil Procedure Code, 1908, Section 2(12), 151 -- Mesne profit - Claim by co-sharer from other co-sharer - Partition suit - Mesne profit can be claimed from a person who is in wrongful possession - Admittedly, parties are co-sharer and defendants are not getting any financial benefit out of suit property - Co-sharer has right over every inch of undivided property until it..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Decision u/s 452 Cr.P.C. is subject to judgment on title by Civil Court...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Adjudication of title u/s 452 Cr.P.C. is always subject to decision by Civil Court - But not vice versa...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Finding on title u/s 452 Cr.P.C. cannot be made basis for determination of title in Civil Court, as Civil Court has to independently adjudicate on title...........
Criminal Procedure Code, 1973, Section 452 -- Proceeding u/s 452 Cr.P.C. - Nature - Proceedings are summary and quasi civil proceeding analogous to civil proceeding - Prima facie entitlement for possession is to be determined in said proceeding - Adjudication of title does not form subject matter of enquiry though incidentally title may go into zone of consideration...........
Arbitration and Conciliation Act, 1996, Section 36, Civil Procedure Code, 1908, Order 21 -- Execution - Arbitration award - It is a decree and is enforced like a decree of Civil Court by applying the provisions of O.21 of the Code and all other provisions, which deal with execution of decree of Civil Court...........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36 -- Execution - Arbitration award - Objections - None of the objections sought were raised before Arbitrator or before trial Court u/s 34 of Arbitration Act - Said Objections cannot be allowed to be raised in execution once award became final and attained finality as decree of civil..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 36 -- Execution - Arbitral award - Mode of payment - Payment of decretal dues made by JD not certified by Court as contemplated U.O.21.R.2 CPC - There was neither any evidence to prove factum of payment except one copy of statement which also remained unproved - Payment made by..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Suit for eviction - In the instant case, petitioner/landlord seeking direction upon defendant/tenant to pay Rs.15,000/- p.m. for illegal and wrongful occupation of suit premises - Such claim in midst of proceedings is not permissible...........
