Civil Procedure Code, 1908, Section 47, Order 21, Rule 72, 90 -- Suit for recovery of mortgaged money - Suit decreed - Mortgagor selling property after the decree - Held, transferees of Judgment Debtor subsequent decree can raise objection against execution of decree u/s 47 of the Code, they being representative of the JD...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1(3) -- Appeal - Deposit of decretal/some given amount - In absence of an application for stay of execution of decree, appellate Court has no power to order deposit of money - Deposit of money has no connection with the merits of case, which alone is the basis for admitting or not admitting an appeal...........
Civil Procedure Code, 1908, Order 21, Rule 18, 19 -- Execution - Cross decree and cross claims - Rule 18 is applicable in the case where applications are made to the Court for execution of the cross-decrees in separate suits for payment of two sums of money passed between the same parties and Rule 19 is applicable in the case where the application is made to the Court for..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell house - Suit for specific performance - Agreement and payment of earnest money proved - Plea that possession cannot be delivered as defendant and his family residing in the house - Plea of hardship neither raised in written statement nor proved by the vendor - Trial Court ordered refund of earnest money - First..........
Civil Procedure Code, 1908, Section 51, 60 -- Execution - Money decree - Arrest and detention - Salary when shown as the means of J.D. then an inquiry is necessary as to what is the attachable portion of the salary in terms of S.60(i) of CPC - No such enquiry made - Trial Court directed to make an enquiry into means of petitioner and also attachable portion of the salary..........
Partnership Act, 1932, Section 32, 63, 72 -- Partnership - Liability of retiring partner to third party for acts of firm done before his date of retirement - Partner would continue to be liable to third party until public notice is given as to his retirement - Money decree against partnership firm and its three partners - Execution - Objection by partner that he retired..........
Civil Procedure Code, 1908, Section 52, 50 -- Decree - Execution against L.R's - Decree for payment of money passed against a person who was dead at the time of execution - Execution against L.R's and proceeds against property - Burden is on LR/wife to show that she has not received property attached by Bank from deceased husband...........
Contract Act, 1872, Section 59, 60, 61, 62 -- Appropriation of payments - Applicability - Section attracted when more than one debt is due from the debtor to creditor - Not attracted when there is only one debt due - Nor have any direct application where debt due merged in a decree - Decreetal amount to be appropriated in decree it self or as per O21 R1 relating to..........
Land Acquisition Act, 1894, Section 27, 28, 31, 34, Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution of money decree or award decree or decree other than mortgage decree - Rule of appropriation - Interest ceases to run on amount deposited - Short deposit - Decree holder entitled to appropriate amount first towards interest then towards costs and then towards..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Money decree - Sale of entire attached property or a portion thereof - If Court orders sale of the entire attached property without addressing itself to the issue whether the sale of the entire attached property should be ordered or the sale of only a portion of it will be sufficient to satisfy the decree,..........
