Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Executing Court may execute the decree for prohibitory injunction by delivery of any property specifically decreed or; by attachment and sale or sale without attachment of the property of the judgment-debtor or; by arrest and detention of judgment-debtor in civil prison or; by appointing..........
Civil Procedure Code, 1908, Order 21, Rule 37, 66 -- Warrant of arrest - Show cause notice ought to be issued against judgment debtor with regard to payment of decretal amount failing which judgment debtor is liable to be arrested...........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Mortgage suit - O.34.R.15(2) CPC is a separate and independent clause meant to give speedy relief to decree holder who gets a charge for the first time under the decree as there is no question of any equity of redemption remaining with debtor in that situation...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), Civil Procedure Code, 1908, Order 21 -- Rent and eviction - Arrears of rent - Non-payment within statutory period - Execution - In appeal, tenant contended that there is typing error in order of Rent Controller with regard to commencement of period for payment of arrears - However, proper course is to first..........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Extension of time to deposit balance sale amount - S.28 of Act specifically provides that even if there is some time granted by Court for payment of balance sale consideration in a decree for specific performance, time can be extended - Only on failure to comply with the same an application u/s 28 of Act is..........
Indian Contract Act, 1872, Section 128 -- Liability of guarantor - Liability of guarantor is co-extensive with that of principal debtor unless it is otherwise provided by contract - It is prerogative of Creditor alone whether he would move against principal debtor first or the surety, to realize the loan amount...........
Evidence Act, 1872, Section 34 -- Suit for recovery - Bahi entry - Bahi signed by defendant - Mere proof of signatures can not be proof of execution of a document - Plaintiff failed to give details of currency notes that were handed over to defendant - Execution of entry not proved - Defendant an illiterate person and it could be that his signatures were taken on a blank..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 CPC would not apply to proceedings in execution of a decree or order - Meaning thereby that if death occurs either of plaintiff/decree holder or defendant/judgment debtor during pendency of execution, it would not abate and execution can proceed after the death of decree holder..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Arrest and detention in civil prison - No notice to show cause against arrest and detention in civil prison can be issued to judgment debtor if no warrant of arrest at all could be issued even at a later point of time...........
Civil Procedure Code, 1908, Section 56, Order 21, Rule 37 -- Arrest and detention in civil prison - Notice to show cause U.O.21.R.37 CPC cannot be issued in terrorem in order to frighten the judgment debtor who is a woman to squeeze out money from her when she enjoys protection against her arrest and detention - It is immaterial as to whether judgment debtor being a woman..........
