Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Eviction decree - Tenant/contemnor vacated suit property before time specified in order which contempt is alleged - Non-filing of undertaking within two weeks as directed per se cannot be basis to initiate contempt action against tenant, as undertaking was..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Eviction decree - Grievance of petitioners regarding non-payment of outstanding dues and allegations about damages caused to property by contemnor at the time of vacating same, are questions of fact - Same cannot be adjudicated in contempt proceedings -..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside compromise decree is not maintainable - However, compromise decree can be questioned on an application under proviso to Rule 3 of Order 23 CPC before the Court...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge by stranger - Compromise decree cannot be challenged by stranger to proceedings in a separate suit, in view of specific bar U.O.23.R.3-A CPC...........
Specific Relief Act, 1963, Section 28 -- Extension of time - Decree of specific performance - Specific direction was issued to J.D. to execute sale deed within specified period of time, failing which D.H. was given right to get sale deed executed through process of Court - Executing Court, held, justified in granting time to D.H. to deposit the remaining amount...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution of decree - Objection raised by occupant of immovable property - Executing Court required to conduct full-fledged inquiry into issues raised by objector, which includes leading evidence by party...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Disputed questions of fact which could be raised before trial Court cannot be allowed to be raised in an execution application, as executing Court cannot go beyond decree passed by trial Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objections by subsequent purchaser - Subsequent purchaser may not be entitled to raise a plea challenging correctness of agreement of sale of which specific performance has been sought as petitioner being subsequent purchaser after passing of decree possibly cannot raise any such plea -..........
Registration Act, 1908, Section 17(2)(vi) -- Registration - Compromise decree - Decree relating to suit property described in plaint - Decree does not require registration...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud or collusion - Decree passed on basis of which mutation was sanctioned - Original owner of suit property never objected decree or mutation in favour of defendants in his lifetime and admitting claim of defendants in said suit in which compromise decree was passed - He of his own..........
