Civil Procedure Code, 1908, Section 47 -- Execution - Scope of inquiry under S.47 CPC is limited to the questions of implementation and fulfilment of obligations under the decree...........
Consumer Protection Act, 1986, Section 25,27 -- Execution proceedings - Execution proceedings for realisation of money from State Government may not be rendered futile merely because the organization has been taken over by the Government and the Official Liquidator has been appointed...........
Consumer Protection Act, 1986, Section 27 -- Recall of order - State Commission passing execution of order directing OP-applicant to deposit Rs.1,07,000/- with it - In appeal, National Commission granting interim stay - Order passed in execution came to be passed since the interim order of the National Commission was not brought to the notice of the State Commission by the..........
Civil Procedure Code, 1908, Order 21, Rule 83 -- Execution - Auction sale - Participation by J.D. - If J.D. does not choose to participate in auction sale despite opportunity, his request for setting aside sale later on at confirmation stage, as an after thought, cannot be accepted...........
Civil Procedure Code, 1908, Section 44A, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17(1), 2(g), 34 -- Decree passed by Foreign Court - Execution of foreign decree by Tribunal - Jurisdiction of tribunal - Though S.44-A(1) of C.P.C. creates legal fiction that decree passed by superior Court outside India is executable in District Court in..........
Civil Procedure Code, 1908, Order 39, Rule 1(c) -- Temporary injunction - Plaintiff in possession under agreement of sale - Heavy amount paid to vendor on date of execution of agreement - Sale deed could not be executed due to failure of owner to obtain Income-tax Clearance certificate - Plaintiffs cannot be blamed for non payment of remaining amount - Prima facie they..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Decree for possession - Obstruction by third party - Obstructor claiming possession by virtue of his induction as lessee under oral agreement by D.H. himself during pendency of suit - J.D. held to be in possession as lessee by trial Court and first Appellate Court - Claim made by obstructor cannot be believed in absence of..........
Housing -- Complainant was allotted HIG House under Sanjay Nagar HIG House Duplex SFS Scheme in Ghaziabad - He was directed to pay Rs.1,65,300/- within 15 days of the letter - Some delay in depositing the amount - After almost two years, the cost of house at Rs.3,80,000/- communicated to the complaint and he was also asked to pay lease rent of Rs.10,794/- - Same paid after..........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Direction for deposit of decretal amount - Non compliance - It is only the application for stay of execution which can be dismissed and not the appeal...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Injunction decree - Execution - Attachment of property or by imprisonment - Can be resorted to only when J.D. had an opportunity of obeying the decree and has deliberately failed to obey it...........
