When a particular decree is consigned to record-room after it is fully satisfied an application by a judgment-debtor for correction of description of property sold in execution of the decree and restitution of property from auction-Purchaser sold in excess is not maintainable as the executing court is functus officio. The application is not one relating to execution, discharge or satisfaction of the decree.
The Court held that that notwithstanding that husband had no property whatsoever, “…….if, with this visible capacity to earn, he avoids payment, it has to be held that he has so done for no sufficient cause. If such a person avoids to discharge that obligation despite issuance of a distress warrant, he can be sentenced to imprisonment
District: Aizawl IN THE COURT OF __________________________________AIZAWL DISTRICT: AIZAWL FORM No. (P) 25 Notice to show cause why Warrant of Arrest should not issue(O. 21, R. 37 of Code of Civil Procedure)____________ No. ________of 20_____ _____________________________________________________________________ ……Petitioner/Judgment holderVersus_____________________________________________________________________ …… Respondent/Judgment debtor To,___________________________________________________________________________________________________ WHEREAS ___________________________________ has made application to this court for execution of decree in suit No. ___________________ of ________ […]
The Roman jurist Ulpian formulated the basic tenets of the law and, in one sense, of justice as living honestly, doing no harm to others, and giving to each person what is due. The justice is the basis of the State and so is the law that of justice. The law is a vital need of every society like bread, water or air that we breathe.
The enforceable title against the deceased has effect against the heirs, but they can be notified of the precept only ten days after the notification of the title. Within one year of death, notification can be made to the heirs collectively and impersonally, in the last domicile of the deceased.
We find that Order 21, Rule 35 deals with cases of delivery of possession of an immovable property to the decree-holder by delivery of actual physical possession and by removing any person in possession who is bound by a decree, while under Order 21, Rule 36 only symbolic possession is given where tenant is in actual possession. Order 21, Rule 97, as aforesaid, conceives of cases where delivery of possession to decree-holder or purchaser is resisted by any person. ‘Any person’, as aforesaid, is wide enough to include even a person not bound by a decree or claiming right in the property on his own including that of a tenant including stranger.
MAIN INDEX Part Three Procedure of Execution Chapter XX General Provisions Article 207 Legally effective judgments or written orders in civil cases, as well as the parts of judgments or written orders that relate to property in criminal cases, shall be executed by the people’s court of first instance. Other legal documents which are to be executed by a people’s […]
The appointment of a Receiver in execution proceedings has been described as a form of equitable relief which is granted on the ground that there is no effective remedy by execution at law. Surely it is an improper use of that equiable remedy to employ it to avoid a very definite bar created by statute law to achieving the very object for which the Receiver is appointed.
SEE FULL TEXT Section 15 of The Limitation Act Computation Of Period Of Limitation 15. Exclusion of time in certain other cases (1) In computing the period of limitation for any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the […]