Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4(1) -- Notification for acquisition of land challenged on ground of non publication of notification as per the requirement of sec. 4(1) of the Act - Notification published in Gazette on 16.08.2001 - Published in two daily newspapers on 20.08.2001 - Proclamation of notification made in..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Decree for possession passed in the earlier suit - Another suit regarding same subject matter - Sec. 11 of the Code is a substantive law which bars the filing of subsequent suit on a plea which was available to the party in the previous suit...........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction against execution of decree - Decree for possession - Execution filed - Another suit regarding same subject matter - Injunction granted against execution of decree - Decree passed after contest - No prima facie case made out in view of Sec. 11 of C.P.C. - Not open to the Courts below to grant injunction against..........
Civil Procedure Code, 1908, Section 38, 39, 42 -- Execution of decree - Powers of Executing Court - Sec. 38 provides that decree may be executed by the Court which passed it or by the Court to which it is send for execution - Sec. 42 indicates that the transferee Court to which the decree is transfered for execution will have the same powers in executing that decree as if..........
Civil Procedure Code, 1908, Section 39(4) -- (As per Amendment Act 22 of 2002 effective from 1.7.2002) - Execution of decree - Execution is sought to be proceeded against any person or property out side the local limits of the jurisdiction of the Executing Court - Nothing in Sec. 39 of the Code shall be deemed to authorize the Court to proceed with the execution...........
Civil Procedure Code, 1908, Section 136 -- Attachment of Property - Scope of powers of Court - Court trying a suit may have jurisdiction to order attachment of a property even out side of its jurisdiction - Court to send order of attachment to the District Court within whose local limits the property sought to be attached is situated - Sec. 136 clearly excludes execution..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - To be tendered and accepted in strict compliance of Sec. 65 - Photocopies of original cannot be accepted as secondary evidence - Contents of a document cannot be admitted without non-production of the original being first accounted for in a manner as provided u/s 65...........
Civil Procedure Code, 1908, Section 16, 20 -- Where suit falls within the preview of Sec. 16, proviso to Sec. 16 and provisions of Sec. 20 are not applicable - Proviso to Sec. 16 apply where relief sought can entirely be obtained by personal obedience of the defendant - Relief of partition, rendition of accounts, declaration of sale deed as null & void cannot entirely be..........
Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g), Clause (vii), (viii), 17(b) -- Loan for purchase of Tractor - Failure to pay loan - Suit for recovery by bank - Decreed - Execution - Objections filed by J.D. that execution is not maintainable in terms of sec. 17(b) - Accepted by Ld. Executing Court holding that the loan advanced by the bank is not price..........
Reserve Bank of India Act, 1934, Section 2(iv), Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g)(xii), 17(b) -- Debt due to a scheduled bank - Vide Haryana Act No. 15 of 1993, any debt due to a `Scheduled Bank' as defined in clause (vi) of Sec. 2 of the Reserve Bank of India Act, 1934, is not a debt as defined under Sec. 2(g)(xii) of the Act - Therefore,..........
