Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Arrest of JD - Oral application - Condition for making oral application for arrest of J.D. is that J.D. must be present within the precincts of Court or otherwise oral application cannot be considered for arrest...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Award of arbitrator put into execution and not decree of Court - O.21.R.11 CPC is not applicable...........
Civil Procedure Code, 1908, Order 21, Rule 30, 37, 38, 39, 40 -- Execution - Arrest of JD - JDs are officers of Government and issuing warrant against them without issuing arrest notice cannot be sustained...........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution of decree by sending J.D. to civil imprisonment - D.H. did not produce any evidence to establish that J.D. has means to discharge the decree amount, except pleading that he is an Advocate - Execution petition rightly dismissed - However, DH is at liberty to file fresh execution petition as per law...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Merely because appeal against decree sought to be executed is pending is no ground to stay its execution - Objections rejected - Warrants of possession and notice U.O.21.R.37 CPC was rightly ordered to be served upon JD...........
Will -- Probate - Will executed in favour of applicant to collect rent - However, entire property under Will bequeathed to wife of testator - Execution and attestation of Will proved as per law - Mere presence of applicant at the time of preparation of Will cannot be held to be taking prominent part in preparation of Will - No evidence produced on record to prove that..........
Will -- Probate - Execution of Will by testator in favour of his son and nephew - Son of testator pleaded that appellant/nephew of testator has no relation with testator - Appellant failed to produce any document to establish that he had any blood relation with testator - No explanation is forthcoming as to why Will has been prepared obtaining LTI of testator when he was..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for return of gold ornaments or its value - When Court directed to pay its present value in case ornaments are not returned, it only means that value at the time when failure to return gold ornaments occurs...........
Indian Penal Code, 1860, Section 419, 465, 471, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Dispute emanated from civil dispute - However, if any mischief is alleged to be committed in execution of sale deeds, a criminal action may follow suit, which is to be examined during and in course of enquiry and trial..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Eviction decree - Appeal against eviction decree was listed for final arguments - Ends of justice would be met in case execution of order of ejectment passed by Rent Controller is stayed till decision of appeal - Execution petition stayed...........
