Civil Procedure Code, 1908, Section 60(1)(i) -- Execution of decree - Attachment of salary - Application for attachment of salary for recovery of decreetal amount of Rs.1,79,000/ - - Total salary of JD Rs. 5847/ - - The provision of Section 60(1)(i) CPC would apply in favour of DH - Salary of JD would be exempted towards first one thousand rupees and two thirds of the..........
Co-sharers -- A co-sharer, who is not in actual physical possession of a parcel of the and, cannot claim any injunction against the other co-sharer - Remedy available is either a suit for partition or to get a decree of joint possession...........
Civil Procedure Code, 1908, Order 41, Rule 23, 24A, 25 -- Remand - Having allowed the application for amendment, first appellate Court set aside the judgment and decree and remanded back the case for fresh adjudication - Validity - Held, proper course for appellate Court was to have ordered the parties to complete their respective pleadings and thereafter settle the..........
Possession -- Vacant plot - Possession of vacant plot goes with the ownership - Decree for possession cannot be denied on the ground that actual delivery of possession of a vacant plot is not proved - Merely placing dung cakes or placing fuel wood does not prove a possessory title of defendants...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17(1) -- Exparte decree - Setting aside - Suit for eviction and arrears of rent - Failure of comply with mandatory provision of S.17 of the Act as neither the amount is deposited nor any security furnished nor time sought for furnishing the security - No case of fraud made out -..........
Civil Procedure Code, 1908, Section 152, Order 9, Rule 13 -- Application U.O.9.R.13 CPC is not maintainable against an order passed u/s 152 CPC whereby amendment is brought in the decree...........
Civil Procedure Code, 1908, Section 47, Limitation Act, 1963, Section 5, Article 137 -- Injury or damage suffered in execution of decree - Limitation is three years - Suit filed beyond period of three years is not maintainable - Delay cannot be condoned by invoking S.5 Limitation Act...........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court is bound by the decree already granted and it cannot extend or vary the extent of operation of relief of injunction...........
Civil Procedure Code, 1908, Section 100 -- Criminal offence - By Police official - Departmental enquiry - Holding of - Without informing the District Magistrate - Apparent violation of Rules 16.38(1) and (2) of the Rules which are mandatory in nature - Concurrent findings of facts by Courts below - No substantial question of law arises in appeal - Do not find any error in..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Execution - Mere pendency of writ petition does not amount to stay of execution proceedings - Unless and until a stay order is presented Executing Court is free to execute the decree...........
