Civil Procedure Code, 1908, Order 38, Rule 8 -- Attachment before judgment - Objection if any to attachment before judgment would be determined U.O.38.R.8 CPC itself and not by recourse to O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Decree for possession and permanent prohibitory injunction - Defendant filed application for stay of execution on the ground that suit land was not identifiable and decree is unexecutable - However, land is clearly described and depicted in decree, there is thus, no ambiguity with regard to description of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99, 100 -- Execution - Objection - Eviction decree - Petitioner filed a declaratory suit that he along with plaintiffs was a co-sharer of suit property - Though suit was dismissed but first appeal against the same was pending - An appeal is a continuation of suit and executing Court should have awaited the..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - No technical objection can defeat the decree passed by competent Court, which attained finality...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of appeal filed against conviction - Complainant has no objection if judgment and order of conviction and sentence is set aside - Accused acquitted - As applicant`s financial condition is poor but he could manage funds from friends and relatives therefore, applicant..........
Specific Relief Act, 1963, Section 22(2) - - J.D. raised objection to issuance of warrant of possession on the plea that possession is already with the D.H. - Executing Court issued warrant of possession on the basis that it is mentioned in agreement to sell that possession will be delivered on execution of sale deed - Order upheld...........
Agreement to sell -- Specific performance - Readiness and willingness - Pleading and proof - Requirement of necessary averment in plaint - Mere want of objection by defendant in written statement is hardly of any effect or consequence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 120B -- Quashing of proceedings - Offence u/ss 406, 468, 120-B IPC - Parties settled the dispute amicably - Dispute is of civil in nature - Accused paid the amount of Rs.10 lakhs as agreed between parties - Complainant had no objection if offences are compounded - Proceedings quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c), Criminal Procedure Code, 1973, Section 100(4) -- Recovery of charas - Non-compliance of S.100(4) Cr.P.C - Second independent witness was present on the date to depose but examined on another date on objection from defence side - Witness did not appear subsequently as won over by accused - No material..........
