Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
Civil suit -- Expeditious disposal - Directions issued : (i) Courts to ensure proper execution of summons in a time bound manner; (ii) Courts to ensure that written statement is filed with prescribed limit; (iii) Courts to ensure that after pleadings are complete, parties are called to appear as indicated in Order 10 and record admissions and denials and direct parties to..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14(1A) -- Secured asset - District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) can appoint an advocate commissioner to assist him/her in execution of order passed u/s 14(1) of the Act - Such an advocate must be regarded as an officer of Court and..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Expression `District Court' in S.44-A CPC for execution of foreign decree, will be construed to be a Court holding ordinary original civil jurisdiction in terms of its pecuniary limits as being notified u/s 5(2) of Delhi High Court Act...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Principal civil Court of original jurisdiction is normally a District Court - But where there is a split jurisdiction based on its pecuniary value, notified from time to time, District Court or High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree..........
Civil Procedure Code, 1908, Order 29, Rule 2 -- Notice not served in terms of O.29.R.2 CPC - Dismissal of execution proceedings - Counsel for Insurance company had appeared in response to notice issued in claim petition under Motor Vehicles Act and had filed counter and an award too had passed on merits - Said counsel who appeared for insurance company before Tribunal and..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - S.44-A CPC only enables District Court to execute decree as if decree passed by Indian Courts - Filing of an application u/s 44-A CPC therefore, will not create a fresh period for enforcing decree - S.44-A CPC has nothing to do with limitation...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99, 101 -- Execution - Objection by co-sharer - Decree of specific performance - Objector earlier also filed application objecting execution of decree, which was rejected on merits and attained finality - Yet after 5 years of such rejection, virtually on similar grounds subsequent application filed - Executing..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 10 -- Execution - Original decree passed by District Court - Decree therefore, has to be executed by District Court itself, even if decree is modified by Supreme Court...........
