Civil Procedure Code, 1908, Section 39(3) -- Transfer of execution petition - Execution proceedings transferred from Pune to Nalagarh on the ground that suit property is situated within territorial limits of Court at Nalagarh - However, Court at Nalagarh was not having pecuniary jurisdiction to try the suit, same obviously not having jurisdiction of executing decree so..........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Applicability of provision of S.5 of Limitation Act - Application u/s 47 of the Act is not an application filed under any of provisions of O.21 CPC - Application is filed before appropriate High Court for enforcement, which would take recourse to provisions of O.21 CPC only for..........
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..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Eviction decree - Grievance of petitioners regarding non-payment of outstanding dues and allegations about damages caused to property by contemnor at the time of vacating same, are questions of fact - Same cannot be adjudicated in contempt proceedings -..........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period - Period of limitation would start running from date decree was passed in foreign Court of a reciprocating country - However, if DH first takes steps-i, aid to execute decree in cause country and decree is not fully satisfied, then he can file a petition for execution in India..........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Party filing petition for execution of a foreign decree must also necessarily file a written application in terms of O.21.R.11(2) CPC - Without such an application it will be impossible for Court to execute decree - Such application for executing a foreign decree will be an application not covered..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Third party objection - Execution of decree - Appellant filed objection in execution proceedings claiming that he was not impleaded as party though was tenant in shop thus order of eviction not binding on him - Appellant miserably failed to prove relationship of landlord and tenant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Non consideration of petition filed by accused - Execution of cheque proved - Held, mere non consideration of petition filed by accused is not a matter which accused can canvass as a ground which caused prejudice to his defence...........
Specific Relief Act, 1963, Section 28, Limitation Act, 1963, Article 54 -- Specific performance - Limitation - For depositing balance sale consideration - Period of 3 years has to be taken as reasonable time, within which a DH in a suit for specific performance could deposit balance sale consideration, particularly when decree sought to be executed did not stipulate any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement in Lok Adalat - Default in payment of instalments - Execution of award - Challenge to order passed by Executing Court U.O.21.R.37 CPC as to why JD be not arrested and detained in civil imprisonment followed by another order on the application of J.D. for recalling the warrant of arrest issued..........
