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CPC O. 21 R. 16, Equitable transfer of decree

Punjab Land Revenue Act S. 16 –  Financial Commissioner, Haryana, would have the jurisdiction to entertain the revision petition as the proceedings have been initiated in the year 2006.

Local Commissioner – Order refusing to appoint – Not a revisable order. [PLRonline 402605]

Punjab Land Revenue Act, Section 16(1) – Sanad takseem – Order of the Collector being merged in the order of the Commissioner can be assailed only with the Financial Commissioner. [PLRonline 316002]

Order 16 Rule 1 of the CPC is not mandatory but is directory in nature.n [PLRonline 247082]

Land Acquisition Act S. 12(2)- Once the notice under Section 12(2) of the LA Act was issued and served upon the original writ petitioner and he was called upon to collect the compensation and thereafter, when he did not come to collect the compensation and then the compensation was sent to the revenue deposit, thereafter it would not be open for the original writ petitioner to contend that acquisition proceedings have lapsed.[ PLRonline 413600]

Cruelty  –  Mere filing of a criminal case itself cannot be termed as “cruelty” | Desertion – Having regard to the nature of the allegations made in the complaint cannot be said that the wife had no valid reason to leave the company of the husband. [PLRonline 401605]

Children custody – Best Interest of Child – Scope of – Habeas Corpus – Children natural citizens of USA , are in the grips of their mother – Continuance of present status, will damage their progress in academics, and their emotional quotient. [(2023-1)209 PLRIJ 059]

“Understanding Burden of Proof for Input Tax Credit Claims under Karnataka Value Added Tax Act, 2003”

Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)

POEMS&CRIMES Street Art

Hindu Marriage Act, S. 28-A – Enforcement/Execution of orders of maintenance

Hindu Marriage Act, S. 24 – Permanent alimony – Quantum of maintenance – CrPC S. 125

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 CPC O. 21 R. 10 - Equitable transfer of decree.

CPC O. 21 R. 16 - Transfer by operation of law – Equitable assignment.

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CPC O. 21 R. 16, Equitable transfer of decree

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Civil Procedure Code, 1908 (V of 1908) , O.21 R.16— Equitable transfer of decree-11 Bom 506-ILR (1946) Bom 276: AIR 1946 Bom 272: 225 Ind Cas 304 (FB).

25 Cal WN 863: AIR 1921 Cal 74 : 57 Ind Cas 874, Overruled.

Per Das and Imam JJ.: Order 21, R. 16, by the first alternative, contemplates the actual transfer of the decree by an assignment in writing executed after the decree is passed and while a transfer of or an agreement to transfer a decree that may be passed in future may, in equity, entitle the intending transfree to claim the beneficial interest in the decree after it is passed, such equitable transfer does not relate back to the prior agreement and does not render the transferee a transferee of the decree by an assignment in writing within the meaning of O. 21, R. 16. Case law discussed. 11 Bom 506 – ILR (1946) Bom 276: AIR 1948 Bom 272: 225 Ind Cas 304 (FB); 25 Cal WN 863: AIR 1921 Cal 74: 57 Ind Cas 874, Overruled.(Para 26)Per Bhagwati J.: The assignment in writing of the decree to be passed would result in a contract to assign which would become a complete equitable assignment on the decree being passed and would fulfil the requirements of O. 21, R. 16 in so far as the assignment or the transfer of the decree would in that event be effectuated by an assignment in writing which became a complete equitable assignment of the decree when passed. There is nothing in the provisions of the Civil Procedure Code or any other law which prevents the operation of this equitable principle and in working out the rights and liabilities of the transferee of a decree on the one hand and the decree-holder and the judgment-debtor on the other, there is no warrant for reading the words “where a decree .. .. . . is transferred by assignment in writing” in the strict and narrow sense. 17 Mad LJ 391 – AIR 1924 Cal 661 – AIR 1932 Cal 439 – AIR 1939 Cal 715, Not approved.

Read Here; 1955 PLRonline 0001 , Jugal Kishore Saraf v. Raw Cotton Co. Ltd.

Tags: CPC O. 21 R. 16Transfer - Decree

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