Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption of residential house of judgment - debtor from sale in execution of decree - Portion of house which is on lease with a tenant - Not exempt from attachment and sale.
- clause (ccc) of proviso to sub - section (1) of Section 60 of the Code of Civil Procedure gives protection to judgment - debtor that the..........
Civil Procedure Code, 1908, Section 52 -- Enforcement of decree against Legal Representatives - In order that section applies - Decree must be for the payment of money out of the property of the deceased. Cases referred: Sm.Rani Brijraj Kumari v. Manranjan Prasad Singh, AIR 1947 Patna 365..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Suit by owner in possession of property for permanent injunction restraining defendant from interfering with his possessio, Covered by Order 3 i rule 2 - Word "injury" envisages an act which is contrary to law - Temporary injunction during pendency of suit - Appeal against - Competent. If the posses ion of an..........
Northern India Canal and Drainage Act, 1873, Section 68 -- Order fixing Warabandi - Challenge on the ground that it was passed without issuing notice - Order not a nullity or wholly without jurisdictio, Voidable order - Appropriate course to approach appellate or revisional authority under the Act - Civil suit not appropriate remedy - Order passed under the Act - Can be..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44, 42 -- Authority under the Act if acts in excess of powers conferred on it - Civil Courts have jurisdiction to entertain suit under Section 9 Civil Procedure Code - Section 44 of the Act bars jurisdiction of Civil Court only where State Government or Officer concerned acts within the..........
Constitution of India, 1950, Article 226 -- Dismissal of earlier writ petitio, Bar of res judicata - Will not operate if prayer for quashing impugned order in subsequent petition not made in earlier petitio, Civil Procedure Code (5 of 1908), Section 11. Where prayer for quashing the impugned order, which was made in the subsequent petition, was not made in the earlier..........
Civil Procedure Code, 1908, Order 41, Rule 7.3A -- As added by Punjab High Court and Section 151 - Scope of - Before considering whether retrial of suit is necessary the decree must first be reversed - Decree cannot be reversed for the sake of remanding the case - Remand cannot be ordered in exercise of inherent powers under Section l51 - Object of recording additional..........
Civil Procedure Code, 1908, Section 47 -- Express direction of Court regarding deposit of pre - emption amount if not complied with by decree - holder - Decree in favour of pre - emptor cannot be said to be in existence - Pre - emptor not entitled to take out execution - Amount deposited less than decretal amount in pre - emption decree - Decree - holder taking out..........
Punjab Pre-emption Act, 1913, Section 15(1)(a) -- Right of pre - emptio, Does not abate by death of pre - emptor - Can be exercised by his legal representatives. If the death of the pre-emptor takes place pending the second appeal then the substitution of legal representatives as representing the estate of pre-emptor is proper. (Para 3) The statutory right of pre-emption..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possessio, Possession delivered under orders of Revenue Court despite stay ordered by Civil Court - Civil Court cannot order restoration of possession as Revenue Court is a Court of independent jurisdictio, Injunction cannot be ordered to Revenue Court. If a party had benefitted by disobeying an..........
