Limitation Act, 1963, Section 12(1) -- Provision of S.12(1) Limitation Act is applicable to an execution petition...........
Indian Penal Code, 1860, Section 34 -- Common intention - S.34 means that if two or more persons intentionally do a common thing jointly, it is just the same as if each of them had done it individually - When parties go with a common purpose to execute a common object each and every person becomes responsible for the act of each and every other in execution and furtherance..........
Customs Act, 1962, Section 111(m) -- Imported goods - Seized on ground of under valuation - Even in case of existence of power, exercise thereof has to be fair and reasonable and consistent with the principle of proportionality - Neither any provisional assessment made nor any show cause notice so far given - Only allegation so far is of undervaluation - Nothing to show..........
Housing -- HIG House - Allotment on 'out - right purchase basis' - Tentative cost paid and possession taken - Non execution of sale deed - Plea that in some cases Land Acquisition pending - Specific stand of petitioner - OP that the land on which the house of complainant situated were not subject matter of in LAOP - State Commission held correct in arriving at the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree wherein interest awarded at the rate of 18% per annum from the date of decree to the date of realisation without recording a finding that transaction was a commercial one - Upto that extent decree passed by Court is a nullity - Held, this objection can be entertained in execution proceedings or under Article 227..........
Consumer Protection Act, 1986, Section 25 -- Execution proceedings - Flat - Delay in completion - Petitioner will be getting interest @ 12% on the amount of Rs. 15,549 and compensation of Rs. 25,000 for the delay in construction as per law - Cannot exceed the limit of rate of interest as per agreement between the parties which was 7% and 10% respectively for the period..........
Land Acquisition Act, 1894, Section 23, 18 -- Land acquisition - Compensation - Enhancement by reference Court - State deposited part of enhanced compensation - Extension of time for depositing balance amount granted - Execution petition stayed till extended date for making deposit...........
Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Civil contempt and criminal contempt - `Civil Contempt' mean `willful disobedience of any judgment, decree, direction, order, writ or other process of court of willful breach of undertaking given to a court - If a person willfully violates the orders of Supreme Court then it can invoke jurisdiction under the..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Mere denial of execution of promissory note is not enough to grant leave to defend without condition of security - No interference warranted in order granting leave to defend on furnishing security...........
Registration Act, 1908, Section 23 -- Registration of document - Presentation of decree - Decree can be presented within 4 months from date of its execution - In instant case, in decree it is not mentioned on which date it was actually signed - Therefore, for purposes of S.23 of the Act, time for registration will start from date of release of decree...........
