Second execution application -- First execution application filed by decree holder dismissed in default - Application under Order 9 Rule 9 CPC not filed and second execution application filed - Second application held maintainable...........
Consumer Protection Act, 1986, Section 25,27, Companies Act, 1956, Section 446 -- Execution application - Provisions of Sections 25 and 27 of the C.P.Act are to be read in conjunction and not in isolation - Resort to Section 27 of the Act is to be taken as a last resort - Respondent Company ordered to be wound up by Hon'ble Company Judge and Provisional Official Liquidator..........
Will -- Proof - Will is required to be attested by two witnesses and one attesting witness is required to be produced for proving its due execution - In the instant none of the two attesting witnesses examined - It is not the case that both the witnesses are dead or are not capable of giving evidence or their whereabouts are not known - One clerk from office of Sub..........
Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 66 -- Marking of a document as exhibit - Cannot be held to be its due proof - Its execution has to be proved by admissible evidence - Situation is however different where the documents are produced, and they are admitted by opposite party, signatures on them are also admitted and they are marked..........
Indian Penal Code, 1860, Section 353 -- To attract the provision it must be proved that the person who was assaulted was in execution of his duty as public servant - One who is going from his residence to the place where he has to attend to public duty cannot be said to be on duty...........
Consumer Protection Act, 1986, Section 25, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1) -- Execution proceedings - Staying of proceedings by the District Forum on objection taken by the OP that a reference has been made to BIFR - Held that the District Forum was right in staying the execution proceedings till the complainant obtains the consent..........
Consumer Protection Act, 1986, Section 21(b),25,27 -- Execution proceedings - Revisional jurisdiction - Bursting of A.C. on account of deficiency in service in faulty installation of machine in question - Complaint allowed by the District Forum and appeal filed against the order dismissed - No revision challenging the order filed before National Commission - Order became..........
Will -- One set up by plaintiff - Second will set up by defendant which was later in time - In the subsequent will there was a reference as to execution of first will - Execution of first will is established...........
Will -- Executed in favour of grandsons of brother - Daughter excluded - There is a categorical mention in the will that daughter is happily married and a huge amount was spent on her marriage and that the will is executed in favour of grandsons of real brother of testator as they were rendering service to him - This fact shows the mind of the testator - Merely because..........
Civil Procedure Code, 1908, Section 60 -- Pension amount - Attachment - Once pension amount is deposited by Govt. in Savings Account of employee it loses all the characteristics of pension and the same is attachable in execution of a decree...........
