Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree for costs - Penalty means a sum payable to State, not to a private claimant, so the costs imposed on the basis of indemnity is not a penalty or tax - S.44-A, Explanation II CPC does not refer to the costs contemplated u/s 35 CPC...........
Civil Procedure Code, 1908, Section 44A, 35A -- Execution - Foreign decree for costs - Contention that costs imposed exceed the bar imposed by S.35-A CPC, order of English Court thus, not executable in India - Contention rejected, as Court that ordered costs is the High Court of justice of England, which is not governed by provisions of CPC - Moreover, no claim advanced by..........
Civil Procedure Code, 1908, Section 44A, 35(3) -- Execution - Foreign decree for costs - Interest on sum of decree of costs to be executed in India is a matter of substance as the interest on decree is a substantive right of DH and does not concern itself with procedural law of forum...........
Civil Procedure Code, 1908, Section 44A, 35(3) -- Execution - Foreign decree for costs - Interest on costs - Though not available in India, due to exclusion of S.35(3) CPC, but the same does not mean that Indian Courts are powerless to execute the decree for interest on costs - Indian Courts are very much entitled to address the issue for execution of interest amount -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Act of accused and its result - It is not necessary that injury actually caused to the victim of the assault should be sufficient under ordinary circumstances to cause death of the person assaulted - Court has to see whether the act, irrespective of its result, was done with the intention or knowledge and under..........
Registration Act, 1908, Section 17, 47 -- Registered sale deed - Operates from the date of its execution and not from the date of its registration...........
Stamp Act, 1899 -- Sch.1A, Art.6, Chhattisgarh Panchayat Raj Adhiniyam, 1994, S.75 - Equitable mortgage - Stamp duty - Increase in credit limit - Insistence of Bank to execution notional equitable mortgage by paying additional stamp duty, held, proper...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of decree in question...........
Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 22, Rule 4 -- Execution - Eviction order - Death of original tenant - Impleadment of all legal heirs not necessary - Tenancy devolves on legal heirs as joint tenants, therefore, even when only one of legal heirs of deceased tenant, who is in possession of property is impleaded in execution..........
Evidence Act, 1872, Section 45 -- Expert opinion - Family settlement - Expert evidence adduced by the plaintiff cannot be of much consequence to establish the due execution of the family settlement and to explain the suspicious circumstances surrounding it as expert evidence cannot substantiate the execution of the document...........
