Civil Procedure Code, 1908, Order 21, Rule 24 -- Execution - Possession taken with the help of police without securing an order from the Court for police help - Held, taking possession is invalid - Directions issued to revert back the property to J.D...........
Civil Procedure Code, 1908, Section 151 -- Execution - Possession taken with the help of police without securing an order from the Court for police help - Taking possession, held, invalid - Property ordered to be reverted back to the J.D. - Held, power to order a redelivery is available under inherent power of Court when Court finds that the manner by which the execution..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police protection - Violation of order - An application for police protection is maintainable even when remedy is sought by filing an execution petition U.O.21.R.32 CPC and also an application U.O.39.R.2-A CPC seeking attachment and/or arrest of the violator for Contempt of Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - In order to bring a question within the power of Executing Court to decide u/s 47 CPC, the question should be between the parties to the suit or their representatives and also it should be one relating to the execution, discharge or satisfaction of the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - At the instance of a party who was proceeded ex parte in the suit and objections not relating to the execution, discharge or satisfaction of decree - Not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections - Not mandatory to frame issues and to allow parties to lead evidence - If from documentary evidence fact situation becomes crystal clear then court is not required to record formal or oral evidence while determining objections U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 13, 54 -- Execution - Attachment order - It is implied that executing court has to satisfy itself before passing of order of attachment that judgment debtor had any share or interest in property to be attached, otherwise question of judgment debtor transferring or charging property in any way as contemplated in O.21.R.54 would not..........
Civil Procedure Code, 1908, Section 47, 39(3) - - Transfer of decree for execution - Competent Court - Held, transferee Court would be a Court of competent jurisdiction to execute decree even if it had otherwise no jurisdiction to try suit provided subject-matter of suit wherein decree was passed does not exceed pecuniary limits, if any, of its ordinary jurisdiction at the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Default in payment - Punishment - Held, for every breach of order, Magistrate is empowered to issue a warrant provided application is made within one year from date on which amount became due - If amount is remaining unpaid after execution of warrant, Magistrate is empowered to sentence defaulter to imprisonment..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection to jurisdiction of Court that passed decree - Not raised before trial court or Appellant Court - Applicant estopped to raise such objection before executing court in the absence of proof of prejudice...........
