Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of execution of arbitral award - Form of security required to be furnished should not depend on whether a party is a statutory or other governmental body or a private entity - Therefore, High Court ought not to have based its decision on the condition for grant of stay on the status of respondent as a statutory..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If claim of petitioners is without any title, in each and every case, a detailed enquiry is not required U.O.21.Rr.97, 99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If there is no material to show right and title, mere interest of petitioners would not suffice to maintain their objection U.O.21.R.97 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - When title and possession have already been decided, claim of petitioners is thus, without any substantive basis - Merely because their second appeal is pending, same cannot be a ground to obstruct the execution of decree of plaintiff...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction order - Objections by co-owner u/s 47 CPC - Co-owner was neither D.H. nor J.D. - If in execution, possession is delivered to D.H. then ownership rights of co-owners are not extinguished - If after delivery of possession to D.H. any right, title or interest of co-owner is prejudiced or adversely affected, there..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7(2) -- Order granting maintenance - Execution - Jurisdiction of Family Court - Family Court had complete jurisdiction to entertain the execution application even though order granting maintenance was passed by Magistrate...........
Will -- Attestation - It is the propounder of Will, who has to prove its due execution - Mere proving the signatures of testator on the Will is not sufficient...........
Will -- Suspicious circumstances - Beneficiary of Will i.e. plaintiff was present at the time of execution of Will - Will appeared to be dubious document having been written on a piece of paper torn from a copy - Scribe of Will being close relative of testatrix does not know about age of testatrix - Plaintiff stated that testatrix was alright at the time of execution of..........
