Protection of Women From Domestic Violence Act, 2005, Section 29 -- Grant of maintenance - Appeal against - Condition imposed that appeal would be heard only after 50% of maintenance amount was paid to wife - Order is without any legal basis - With regard to payment of maintenance amount execution proceedings already pending - Husband legally entitled to file an appeal u/s..........
Civil Procedure Code, 1908, Order 21, Rule 58.S -- Execution - Attachment of property - Third party objections - Proper enquiry needs to be conducted in a claim petition filed by a third party and the same cannot be summarily disposed of - Court below dismissed the claim petition not only U.O.21.R.58(1) Proviso (b) CPC but also on merits, without there being any enquiry as..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7, East Punjab Urban Rent Restriction Act, 1949, Section 16, 17 -- Admissibility of document - Petitioner has raised objections to proof and admissibility of documents - Rent Controller should have proceeded to pass appropriate order on objections raised by counsel for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Rule 96 -- Eviction petition - Warrant of possession issued for execution of order - It is not disputed that first instalment was deposited which is 3 days after execution application is filed - Even, in order to avoid ejectment and to comply with terms of compromise, tenant..........
Civil Procedure Code, 1908, Section 9, 47, 11 -- Second suit to execute decree in a former suit - Execution of decree in the former suit became time barred - Second suit does not lie to enforce a decree passed in an earlier suit where execution of decree passed in earlier suit became time barred - However, in case a subsisting right continues to vest in the plaintiff to..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign judgment - It is necessary for execution u/s 44-A CPC, that certified copy of decree of any of Superior Court in any reciprocating territory is to be produced - In the absence of the same, there is clear bar of jurisdiction for entertaining the execution petition...........
Family Courts Act, 1984, Section 18, Civil Procedure Code, 1908, Section 44A -- Execution - Foreign judgment - Family Court has no jurisdiction to entertain execution petition in relation to execution of foreign judgment, as foreign judgment has to be executed only before District Court - Though Family Court has been given special jurisdiction in terms of Family Courts..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Jurisdiction of Court to order attachment before judgment arises only when it is satisfied by Affidavit, supported by particulars that defendant is about to dispose of whole or any part of property with intention to obstruct or delay the execution of decree that may be passed against him...........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Where donor himself denied execution of Gift deed, it is incumbent upon donee to prove execution and acceptance of gift by examining at least one of attesting witnesses of gift deed, as contemplated u/s 68 of Evidence Act...........
Civil Procedure Code, 1908, Section 47 -- Execution - Ex parte decree - Validity of ex parte decree cannot be challenged before executing Court - Executing Court cannot go behind the decree - If defendant is aggrieved by ex parte decree passed by Civil Court, it is open for him either to file an application before trial Court for setting aside ex parte decree and for..........
