Consumer Protection Act, 1986, Section 25,27, Companies Act, 1956, Section 446 -- Execution application - Provisions of Sections 25 and 27 of the C.P.Act are to be read in conjunction and not in isolation - Resort to Section 27 of the Act is to be taken as a last resort - Respondent Company ordered to be wound up by Hon'ble Company Judge and Provisional Official Liquidator..........
Civil Procedure Code, 1908, Section 60 -- Pension amount - Attachment - Once pension amount is deposited by Govt. in Savings Account of employee it loses all the characteristics of pension and the same is attachable in execution of a decree...........
Civil Procedure Code, 1908, Section 96, Order 20, Rule 18 -- Appeal against final decree in partition suit - Filed after delay of 12 years - Preliminary decree was passed long ago in 1971 - It was confirmed by Board of Revenue - Final decree for partition was also passed in 1971 - Appeal was preferred along with condonation application in 1983 when final decree was put to..........
Civil Procedure Code, 1908, Section 47 -- Identity of property - Issue raised and decided in ejectment proceedings - Court cannot go behind the decree by reopening the issue in execution proceedings...........
Civil Procedure Code, 1908, Section 47 -- Exparte decree - Execution - Objections - Decree alleged to be nullity as obtained without service of summons on the objector - Held, without moving an application to set aside the exparte decree or obtaining stay of execution of decree it does not lie in the mouth of the petitioner to say that decree is a nullity in the eye of law..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Before passing order of attachment before judgment Court must be satisfied that the defendant with intent to obstruct or delay the execution of any decree that may be passed is about to dispose of the whole or any part of his property or is about to remove the whole or any part of his property..........
Civil Procedure Code, 1908, Section 146, Order 21, Rule 16 -- Execution - Transferee by assignment - No transfer of decree by assignment in writing or by operation of law - Property in question sold to applicant by heirs of deceased - Applicant is thus purchaser in interest and not assignee of decree - Applicant is required to file application u/s 146 - However,..........
Agreement to sell -- Suit for specific performance - Defendant denied execution of agreement and also denied receipt of earnest money - Execution of agreement and receipt of earnest money proved - Plaintiff always ready and willing to perform his part of the contract - There is absolutely no equity in favour of the defendant - If suit remained pending for about seven years..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 9 -- Attachment - Appellant purchased the property and applied for raising of attachment - Application dismissed for default - Property put to sale in auction - Application U.O.21.R.58 filed in execution - Inquiry provided U.O.38.R.8 is to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree will be a nullity if passed by Court not having jurisdiction - Lack of jurisdiction in the Court passing the decree must be patent on its face in order to enable the executing Court to take cognizance of such nullity based on want of jurisdiction otherwise normal rule that an Executing Court cannot go behind the..........
