Civil Procedure Code, 1908, Section 47 -- Execution - Delay in executing the decree - Amounts to deny the decree holder the benefit of decree which is anthesis to justice - Direction issued to dispose of matter expeditiously...........
Consumer Protection Act, 1986, Section 17(1)(b), 25 -- Execution petition - Objection - Non speaking order - Disposal by District Forum of the execution petition by non - speaking order - Order not sustainable and liable to be set aside - District Forum directed to re - hear the objections after giving due opportunity of being heard to the parties...........
Civil Procedure Code, 1908, Section 38,39 -- Execution of decree - (as inserted by amendment), O. 21, R. 3 and 48 - Jurisdiction - Held, as per S.39 there is no scope of exercising the jurisdiction for execution at the instance of original Court which passed the decree if the person or the property, as the case may be, against which the decree is sought to be enforced is..........
Civil Procedure Code, 1908, Section 151, Provincial Insolvency Act, 1920, Section 4, 5, 21, 23, 31 -- Power of the insolvency Court to pass interim orders - Held, Civil Court while trying the civil suit has inherent power of granting interim orders u/s 151 of the Code of Civil Procedure - Simply because S.23 of the Act enables the Court to release the debtor who has been..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Suit for declaration that gift deed was illegal, null and void - Suit filed within eight days of execution of gift deed after lodging FIR - Marginal witnesses examined by donee not present when gift deed was scribed - Donee taking active role in preparation of gift deed - Plaintiff an illiterate person residing..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Eviction decree - Second appeal of defendant admitted - Eviction stayed during pendency of appeal subject to terms and conditions...........
Registration Act, 1908, Section 34, 35 -- Refusal to register a document - Can be only when there is denial of execution or it is at the instance of a person who is incapable of executing a document such as a minor or a lunatic - A document cannot be refused to be registered on the ground of legal competency of the person to transfer - Registration is never an instrument..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 46, Contract Act, 1872, Section 128, 141 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - Decree passed jointly and severally - D.H. is entitled to recover the decretal amount from any one of the defendants - If there is any dispute inter se the..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - There was no personal liability of L.R's - An effort must be made to sell the estate of deceased J.D. inherited by his legal heirs and only thereafter from the private property of the Legal heirs...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Imposition of sentence of SI for 6 months and compensation of Rs.1,40,000/- which was cheque amount - Non bailable warrant issued by Court is pending execution against petitioner - Request by petitioner to provide him period of two months to pay compensation - Held, execution of warrant, if..........
