Consumer Protection Act, 1986, Section 25 -- Execution - If for non-compliance of order of the Forum punishment is to be imposed, necessary opportunity is to be given to the effected party to explain his conduct - No opportunity having been given the order held to be vitiated...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Telephone - P.C.O. connection - Consumer - Grievance of Respondent-Complainant that despite deposited of amount and execution of agreement P.C.O. connection not released hence deficiency in service - Held that P.C.O. holder is not a consumer - Ld. District Forum not right to allow the complaint...........
Agreement to sell -- Suit for specific performance - Relief of specific performance - Clause in agreement that if vendor does not execute sale deed within stipulated date then vendee can get registration of sale deed through Court or receive double the amount - Held, the stipulation in the agreement cannot be taken to mean that vendee has no right to get the specific..........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution proceeding - Attachment of immovable property - Correct address has not been furnished in execution petition as to where movable sought to be attached have been kept - Further application to condone delay in filing petition to set aside ex parte decree was pending - Order of attachment of movable - Liable to be set..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution of decree - Removal of obstruction coming in the way of DH - Decree for delivery of vacant possession - Decree-holder is entitled to get vacant possession, after removal of any construction or structures put up during pendency of suit...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Motor Accident Claim - Execution - Award of Motor Accident Claims Tribunal is to be treated as a decree of Civil Court and application U.O.21.R.11 CPC is maintainable - Claimants cannot be asked to go to District Collector for same relief - Tribunal possesses inherent jurisdiction to enforce its own award in accordance with..........
Civil Procedure Code, 1908, Order 21, Rule 99, Civil Procedure Code, 1908, Order 26, Rule 1 -- Execution proceeding - Auction sale of property - Delivery of property to auction purchaser - Application filed by judgment debtor for re-delivery of property on ground of mistaken identity of property - Application was filed by him under O.21.R.99, O.26.R.1 and S.144 -..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objections - Objections raised already adjudicated upon by first appellate Court and the same cannot be raised again in execution - Executing Court is bound in law to execute the decree...........
Agreement to sell -- Execution - Proof - Agreement alleged to be result of fraud - Signatures admitted - No witness examined in whose presence his signatures were obtained - Plea of fraud cannot be accepted...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Application u/s 151 filed in execution petition seeking police protection for effecting delivery of possession - Though application is one u/s 151 but nature of relief sought is one under O.21.R.97 for removal of obstruction by third parties - Such an application cannot be ordered without notice - It is..........
