Civil Procedure Code, 1908, Order 21, Rule 58(a) -- Confirmation of sale - Auction sale of property by Court in execution of a decree - Earlier J.D. had entered into agreement to sell the property - Held, that auction purchaser gets no right till confirmation of sale - Auction purchaser gets a right only on confirmation of sale and he has only right to consideration for..........
Criminal Procedure Code, 1973, Section 82, 85 -- Rights of third party - If property of accused is attached and sold it vests with the State - It cannot be a subject matter of execution of a decree - Third party has no right, title or interest in the same - Decree obtained by third party cannot be executed against that property...........
Will -- Execution - proof - Attesting witness stating that Will was signed by testator and attesting witness in presence of each other in one sitting before Sub Registrar - Held, Will stands duly proved...........
Consumer Protection Act, 1986, Section 25 , 27 -- Execution proceedings - Penalty - Action initiated either under Section 27 or 25 of the Act is in the nature of execution proceedings - Since the awarded amount had been tendered during the pendency of execution proceedings itself, the Fora below could have imposed only the cost of execution proceedings and not the penalty..........
Plot allotment -- Non execution of sale deed or handing overof possession despite deposit of entire cost and other charges - Direction by District Forum for refund of amount with interest @ 10% p.a. - Held to be a case of deficiency in service on the part of appellant - The rate of interest @ 10% p.a. held to be on lower side - Since no cross appeal filed by complainant..........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Admission and denial of documents - Recovery of outstanding dues - Sanctioning of loan and execution of various loan documents including promissory note, deed of hypothecation and pledge of goods by bank - Default in repayment of loan by defendant no.1 - Demise of defendant No.2/guarantor during pendency of suit - Denial of..........
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(1) -- Preventive Detention - Petitioner indulging in black marketing of kerosene which is an essential commodity - Petitioner engaged in such activities since 2002-2006 - Several cases registered against him - Order of preventive detention passed against petitioner -..........
Constitution of India, 1950 -- Preventive detention - Interference by a Court of law at pre-execution stage must be an exception rather than a rule and such an exercise can be undertaken by a writ Court with extreme care, caution and circumspection...........
Civil Procedure Code, 1908, Section 60 -- Execution - Exemption from attachment - Subsistence grant or allowance payable to person under suspension till it is in hands of employer is exempt...........
Civil Procedure Code, 1908, Section 51 -- Execution - Arrest - Means to pay - Subsistence allowance accepted by employee - Cannot be said that J.D. is man without means - having accepted to discharge liability has failed and neglected to do so knowingly and deliberately - Petition for arrest not liable to be dismissed...........
