Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction decree - Execution - Son of tenant raised an objection that he was in possession of property since childhood and was not bound by the decree and in possession of property in his own right and a stranger could challenge execution of decree - Held, son was occupying property only through his father and could not..........
Motor Vehicles Act, 1988, Section 166(2), Civil Procedure Code, 1908, Section 21 -- Accident - Claim petition - Jurisdiction - Jurisdiction of Tribunal is wider than the civil Court - A claimant has a wide option - Residence of the claimant also determines jurisdiction of the Tribunal - Residence of a person depends upon the fact situation obtaining in each case...........
Motor Vehicles Act, 1988, Section 166(2), Civil Procedure Code, 1908, Section 21 -- Accident - Claim petition - Jurisdiction - Accident occurred at Bareilly (U.P.) - Truck owner resident of Gurgaon (Haryana) - Bus belonged to M.P. Corp. Gwalior - Claimant resident of Nainital - Claim petition filed at Nainital - Objection as to jurisdiction not raised by Truck owner and..........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - Distinction as regards subject matter of suit and territorial and pecuniary jurisdiction - Judgment in the former case would be a nullity whereas in the latter it would not be...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - A decision rendered without jurisdiction would be coram non juris - Objection in regard to jurisdiction may be taken at any stage - A decree passed by a Court without jurisdiction is a nullity and that its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon, even at the stage..........
Civil Procedure Code, 1908, Order 21, Rule 26, Arbitration and Conciliation Act, 1996, Section 26 -- Exparte arbitration award - Execution - Application to stay execution and an application u/s 34 of Arbitration Act to set aside exparte award - Application filed beyond period of 90 days - No misconduct alleged against the arbitrator - Respondent deliberately stayed away..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Attachment - Objections - Not raised either under S.47 or O.21.R.58 CPC - Objections raised for the first time in revision - Not permissible...........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Payment or adjustments - D.H. not remembering as to receipt of payment and issuance of receipts - Other party producing receipts - Objections cannot be dismissed that payment is not certified - It is for the executing Court to decide the fact as to whether payments have been made or not...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 21 -- Execution - S.5 Limitation Act applies to proceedings in execution except applications filed under order 21 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 23(2) -- Execution - Identity of suit land - Vagueness or identity of suit land - Nothing wrong if executing Court directed parties to lead evidence...........
