Civil Procedure Code, 1908, Section 47 -- Execution - Decree will be a nullity if passed by Court not having jurisdiction - Lack of jurisdiction in the Court passing the decree must be patent on its face in order to enable the executing Court to take cognizance of such nullity based on want of jurisdiction otherwise normal rule that an Executing Court cannot go behind the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Plea that opportunity to deposit arrears of rent before passing the decree not granted as provided by the statute - It was for the tenants to have invited the attention of Court by making an application so as to avail an opportunity of wiping out the effect of their default - On the face of it decree suffers from a..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Ownership claimed on the basis of Will dated 21.2.1993 - However on the basis of Will no mutation of inheritance entered and the Will did not see the light of the day till the suit property was attached - Principle laid down in O.21.R.58(1) Proviso (b) applies as the objections are filed designedly..........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 16 -- Pending execution of Award - Parties again referred their dispute to arbitrators by agreement - Arbitrator started proceeding - Subsequent act of rescission of agreement by one party - Needs adjudication by arbitrators only - Question regarding excitability of award - To be..........
Civil Procedure Code, 1908, Section 47, 129, Bombay High Court (Original Side) Rules, 1980, Rule 307 -- Execution of Award - Order attaching flat in possession of respondent - Respondent occupying suit flat alongwith his wife and son - It was thus reasonable for petitioners creditors to proceed on assumption that Respondent had interest in suit flat - Taking recourse to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Decree of specific performance - Objectors claiming to be in possession of suit premises but miserably failing to prove same that he was running school in premises in question - Objections rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution of decree - Stay of - Application for - Already expressed prima facie opinion - Would not be binding on it while deciding application under O.21.R.97...........
Civil Procedure Code, 1908, Order 19, Rule 2, Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution of eviction decree - Objection petition against Decree holder - Contested petition stating that objector was not permanently residing in house in question - Permission to cross examine deponent sought - No allegation of inimical relation - Only reason given by her in..........
Document -- Intended to be executed by plurality of persons but executed by one or some of them - Binding nature against those who execute it - Depends upon circumstances of the case - If the executants had executed the document with a view to bind themselves in spite of the other intending executants refused to join its execution it certainly can be enforced against the..........
Civil Procedure Code, 1908, Section 39 -- Execution - Transfer to another Court - Decree can be transferred for execution to another Court if J.D. actually and voluntarily carries on business or personally works for gain within the local limits of jurisdiction of such other Court irrespective of the fact that J.D. had property sufficient to satisfy the decree within the..........
