Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Limitation - Condonation of delay - Sufficient cause - Delay of 289 days in filing appeal - Ground that free copy of the order not supplied by the District Forum as Xerox machine was out of order - On receipt of notice in execution petition petitioner came to know of the order and applied for certified copy of..........
Consumer Protection Act, 1986, Section 21(b), 25,27,27A -- Execution proceedings - Alternative remedy - Revision maintainability - Impugned order of the State Commission has been passed in the execution proceedings u/s 25 and 27 of the Act - An appeal lies against the impugned order u/s 27A of the Act - When an equally efficacious remedy has been provided by way of an..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Courts below recorded concurrent findings of fact that defendant borrowed the amount from plaintiff - Execution of pronote receipt and passing of amount of consideration is duly proved on record - Held, such pure concurrent findings of fact based on appraisal of evidence cannot..........
Civil Procedure Code, 1908, Order 21, Rule 97, 103, Specific Relief Act, 1963, Section 6(3) -- Decree for possession - Execution proceedings - Order passed therein - Appeal thereagainst - Maintainability - Held, an appeal against a decree or order passed in execution of a decree in a suit u/s 6(1) will be barred by S.6(3) of the Act - Therefore, if an appeal is not..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Demolition of property by purchaser - Tenant filing civil suit for permanent injunction - Suit rightly filed in civil court - Compromise between parties that tenant would deliver vacant possession of shop and he would be allotted newly constructed shop - Decree drawn accordingly - New premises not allotted to tenant -..........
Negotiable Instruments Act, 1881, Section 118 -- Execution of pronote - Presumption as to - Both Courts below gave concurrent finding of fact that plaintiff has been able to prove execution of pronote and receipt and passing consideration - Defendant simply denied execution of pronote and receipt - Pronote and receipt are thumb marked by defendant - He has not chosen to..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Eviction decree - Second appeal of defendant admitted - Eviction stayed during pendency of appeal subject to terms and conditions...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Execution of will and gift deed - Contention that there is no compliance with provisions of S.63 of the Indian Succession Act and S.68 of the Indian Evidence Act - Held, both the courts below have given concurrent finding on this fact - Contention cannot be accepted - No substantial..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dispute as to whether transfer of property in favour of defendant was by way of sale or mortgage - Plaintiff did not dispute execution of sale deed in favour of defendant - Held, first appellate court has correctly appreciated oral as well as documentary evidence produced by parties - Findings recorded by first..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings - Oral partition - Through oral family settlement amongst defendant and his two brothers of north portion of disputed house fell in the share of "S", who sold the same to plaintiffs - Court below have recorded a finding that once the portion fell in the share of "S" that was purchased by..........
