Civil Procedure Code, 1908, Order 21, Rule 58 - - Execution - Claim petition - Executing Court cannot entertain claim petition if execution proceedings have culminated in sale of attached property and a sale certificate is issued by executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103 -- Execution - Third party objections - Third party apprehending dispossession can file objections U.O.21.R.97(1) CPC - Adjudication of claim by Executing Court will be treated as a decree which is appealable - Revision filed against order deciding objections, held, not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructionist in order to succeed in thwarting the execution of decree standing in favour of decree holder, must make out a claim concerning his independent right or title over suit property, over and above his possession either at the time of institution of suit or prior to that and..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of adverse possession - Petitioner not able to state any particular date as to when he entered into possession of suit property - Petitioner thus found to have no claim in the eye of law as regards his independent right nor he has right to question the decree passed in suit in which..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), Civil Procedure Code, 1908, Order 21 -- Rent and eviction - Arrears of rent - Non-payment within statutory period - Execution - In appeal, tenant contended that there is typing error in order of Rent Controller with regard to commencement of period for payment of arrears - However, proper course is to first..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of objectors based upon two registered sale deeds - Objections be decided after framing issues and giving opportunity to parties to lead evidence in support of their stand...........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Decree in a suit for fixation of common boundary of properties of plaintiffs and defendants can be demarcated in an execution proceeding at the instance of defendant...........
Civil Procedure Code, 1908, Section 2(3) -- Decree holder - Denotes a person: (i) in whose favour a decree has been passed; (ii) in whose favour an order capable of execution has been made; and (iii) whose name appears in decree, either as plaintiff or defendant and following conditions are satisfied: (a) decree must be one capable of execution; (b) said persons, by terms..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution application - Execution can only be in accordance with the decree - If there is some mistake in the decree then decree has to be got amended - Amendment of execution application cannot be allowed by observing that there is an accidental slip in the decree and the same can be corrected -..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21 -- Death sentence - Execution of death sentence - Process/procedure from confirmation of death sentence by highest Court till execution of said sentence, convict is to be treated with human dignity to the extent which is reasonable and permissible in law...........
