Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - A person not in possession can also obstruct or resist the delivery of possession of immovable property - A person who has right in the immovable property in question is entitled to be heard in the matter on merit...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Third party who is resisting and or obstructing the execution of decree can also seek adjudication of his claim and rights by making an application to avoid multiplicity of proceedings...........
Consumer Protection Act, 1986, Section 13,21 -- Summary proceedings - Complicated questions - Conspiracy of forging documents - There are nearly 8 persons said to be conspirators as alleged by the CBI after investigation - The matter cannot be decided on the basis of documents and interrogatories - The witnesses are required to be cross-examined elaborately to bring out..........
Delhi Legal Services Authorities Act, 1987, Section 21 -- Award passed by Lok Adalat - Appeal against award - Maintainability - Respondent filed application assailing award on ground that he has been defrauded by his own counsel on whose advice he had executed some documents - No reply file by appellant to said application - Therefore, appeal against award of Lok Adalat is..........
Punjab Security of Land Tenures Act, 1953, Section 2(5A), 21, 24 -- Land of Gram Panchayat - Declared surplus - Order illegal & void-ab-initio - Land of Gram Panchayat cannot be declared surplus -Order or subsequent proceedings arising out of the order not sustainable, void-ab-initio and nonest in the eye of law...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5, 18(6), Punjab Security of Land Tenures Act, 1953, Section 21, 24 -- Illegal order - Effect & Consequences - Land of Gram Panchayat declared surplus in 1961 - Compensation paid and received by Gram Panchayat - Land subsequently allotted by Government to various persons in 1976 - First installment deposited by the..........
Constitution of India, 1950, Article 226, 14, Consumer Protection Act, 1986, Section 21 -- National Commission dismissing petition - Challenge on ground of violation of principle of natural justice - Plea of petitioner that written synopsis was submitted by other party after passing of order of National Commission - Contentions and arguments raised by parties have been..........
Civil Procedure Code, 1908, Order 21, Rule 97(2), 58 -- Execution - Third party objections - Framing of issues - Objections if not totally frivolous then Court to frame issues and permit parties to lead evidence and to decide those issues...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Limitation - Condonation of delay - Ground that delay caused on account of time spent in getting the Hindi documents translated into English and in getting the copy of Judgment of State Commission from Bhilwara - Held that if the party is negligent or careless in getting the copy, it cannot be a sufficient ground..........
Consumer Protection Act, 1986, Section 21(a),(ii) -- Appeal - New plea - No pleading in the complaint regarding the deduction of additional premium amount from the claimed/disbursed amount - National Commission refrained itself from touching on this issue...........
