Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party - Has a right to object to the execution of the decree before he is dispossessed...........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Hindu Adoptions and Maintenance Act, 1956, Section 11, 16 -- Adoptions - Registered adoption deed, signed by persons giving and taking the child in adoption - Such document enjoys presumption u/s 16 of the Act regarding due compliance with the statutory provisions in the matter of adoption - Execution of a registered document or any document for that matter is not a..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - On filing of fresh suit order passed in previous suit staying execution of decree will not revive...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Development agreement - Breach of agreement - Injunction against such breach sought for - Plaintiff after execution of agreement for development of site was all along honestly trying to perform his part of contract - He had in good faith spent huge sum of about Rs.30 lakh in course of last thirteen years in terms of..........
Consumer Protection Act, 1986, Section 25 -- Interim order - Execution proceedings - Restitution of the amount paid - Complaint allowed by the District Forum - In appeal the petitioner State Commission by interim order directed to release the payment to the complainant subject to furnishing security - Petitioner's appeal allowed - Held that the interim order of the..........
Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Stay of execution - Petition for stay not filed alongwith objection petition - Trial Court order that stay petition be decided after hearing both the parties and fixed the stay petition alongwith main file - Held, when petitioner is not vigilant and is responsible for the delay then he is not entitled to stay from High..........
Indian Penal Code, 1860, Section 420 -- Agreement to sell - Non performance - Accused denied execution of agreement and receipt of advance - No allegation that accused had fraudulent or dishonest intention at the time of executing agreement - It is a dispute of civil nature - Summoning order set aside...........
Civil Procedure Code, 1908, Section 47, 11 -- Decree - Execution - Plea raised and rejected in ejectment petition - The same very plea cannot be reagitated in execution petition...........
