Civil Procedure Code, 1908, Order 41, Rule 6(2)- -- Auction sale - Stay - Pending disposal of appeal, Executing Court is duty bound to stay sale of immovable property - However, Executing Court can impose conditions - Refusal to grant stay by Appellate Court under O.41.R.5 does not affect power of Executing Court to stay sale during pendency of appeal - Stay granted by..........
Civil Procedure Code, 1908, Order 34, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 92 -- Order 34 Rule 5 can be exercised only before sale is confirmed - Does not give any power to Court to grant time after sale is confirmed - Sale is confirmed after objections are rejected - There can be no extension of time from date of confirmation of sale by Executing Court to..........
Civil Procedure Code, 1908, Order 21, Rule 92, 89, 90, 91 -- Rejection of objections under Order 21 Rule 89, 90 or 91 - Executing Court bound to pass order confirming sale - Thereupon sale becomes absolute - Not correct that order confirming sale shall be deemed to have been passed only after decision of appeal etc...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Objection that provisions of Order 21 Rule 66 not complied with by Executing Court before order for sale of mortgaged property was made - Rule 66(2) undoubtedly contemplates that a proclamation for sale shall be drawn up after notice to the decree-holder and judgment-debtor - Question of fact as to whether or not notice..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 2 kg opium - Appeal against conviction - Admittedly, recovery was effected in presence of independent witness who has not been examined - I.O has not taken assistance of a Gazetted Officer or a Magistrate - No notice in writing was given - Investigation never verified by a Gazetted Officer -..........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A(2) -- Compromise decree - Procedure to question the compromise decree - The aggrieved party can move an application before the Court which passed the compromise decree questioning the validity of the compromise U.O.23.R.3 or he can prefer an appeal u/s 96(1) and..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Appeal pending - Even if no stay of execution is granted during the course of appeal, period of limitation is to be reckoned from date of decision of appeal...........
Limitation Act, 1963, Article 136 -- Execution of decree - Even if no stay granted during course of appeal - Period of limitation to be reckoned from date of Appellate Court decree - Diwan Singh's case 1997 (2) PLJ 100 Dissented - Period of limitation has to be reckoned from date of appellate decree and not from date of original decree - In view of doctrine of merger..........
Evidence Act, 1872, Section 115 -- Disposal of appeal on the basis of statements of parties made on oath in Court to have appeal disposed of in a particular manner - Parties estopped from challenging the findings on any ground - Cannot be permitted to approbate and reprobate at the same time - Parties having taken a particular stand before Appellate Court - Bound in law by..........
Punjab Land Revenue Act, Section 13,16,111,112,113,114,115,116,117,118 -- Dismissal of objection alleging involvement of question of title in partition proceedings - Interim order - No appeal lies against such order - Only a revision is competent...........
