Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Execution - Main petition u/s 9 of the Act dismissed as withdrawn - Order granting maintenance pendente lite attained finality - Held, order of maintenance cannot be challenged in the execution proceedings initiated by wife for execution of the said order...........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 3, 6 -- Preventive detention - Delay - Held, detention order can be rendered illegal and unconstitutional provided delay in passing order or in executing order is found to be inordinate and unexplained - In present case, detention order was issued on 29.01.2013, but detenu was arrested and detained only on..........
Blacklisting of contractor -- Held, power to blacklist a contractor whether contract be for supply of material or equipment or for execution of any other work whatsoever is inherent in party allotting contract - There is no need for such power being specifically conferred by statute or reserved by contractor - That is because `blacklisting' simply signifies a business..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Objectors claiming to be tenants of erstwhile decree holder - Objections have to be decided by the Executing Court which has jurisdiction to decide such questions - Executing Court cannot deny an opportunity to the obstructor to lead oral or documentary evidence for the purpose of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an application..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - When the question relating to execution and discharge/satisfaction of decree arises between the parties or their representatives, the same shall be decided by the Executing Court - Separate suit is not required to be filed...........
Civil Procedure Code, 1908, Section 60(c) -- Execution - Exemption from attachment and sale of residential house of an agriculturist - Exemption available only if house is in occupation of J.D...........
Civil Procedure Code, 1908, Order 21, Rule 57, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - O.21.R.57, CPC does not apply to attachment before judgment U.O.38.R.5 CPC - However, in the absence of any such attachment, it is always open to decree holder to enforce the decree obtained by him against the house property of judgment debtor in..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Execution - Suit filed in the year 1955 - Sufficient opportunities provided to J.D. to pay the decretal amount - Every time appellant failed to pay the decretal amount within the period prescribed - Not entitled to any further relief...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Before confirmation of sale payment of decretal amount can be made out of Court and if the same is in terms of O.21.R.1(1)(b) & (3) and Court is satisfied that payment is so made to the D.H. out of Court and D.H. certifies such payment to Court, then Court is bound to record the same as provided U.O.21.R.2 CPC -..........
