Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Obstructed by JD - DH has specifically stated that JDs have started interfering with his possession despite knowing about the decree for permanent injunction - Even JDs themselves have admitted that they are in occupation of suit land, which plea is contrary to the decree for..........
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 11, Rule 21 -- Production of documents - Non compliance of order of production - Striking off defence, or to place the party in the same position as if it had not defended - It can only be when there is non compliance of an order passed U.O.11.R.3 or O.11.R.15 - However, in case of non compliance of order passed U.O.11.R.14 or O.11.R.16,..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of FIR - Narcotic drug recovered from co-accused - No prima facie evidence of involvement of petitioner in the incident - In the absence of any corroborative evidence, petitioner cannot be held to be involved in the incident merely on the..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 60, 63, Criminal Procedure Code, 1973, Section 451, 457 -- Vehicle seized in an offence u/s 21(c) NDPS Act - Release of - In the absence of any specific bar under NDPS Act, interim custody of seized vehicle can be given to registered owner of vehicle by invoking the general provisions of Ss.451, 457..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 60, 63, Criminal Procedure Code, 1973, Section 451, 457 -- Vehicle seized in offence under NDPS Act - Release of - Seized vehicle can be returned to registered owner on furnishing bank guarantee and on conditions that registered owner would produce the said vehicle before trial Court as and when called..........
