Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........
Consumer Protection Act, 1986, Section 21(a), 21(b) -- Power under both the provisions are different and distinct - Power u/s 21(b) is very limited...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - In the absence of anything suggesting that the State Commission had acted in the exercise of its jurisdiction illegally or with materially irregularity, interference with an order of State Commission confirming the order of District Forum, in exercise of the limited revisional power u/s 21 (b) of the Act, by NCDRC,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Contraband - Plea of non-association of independent witness - PW-1/panch witness associated in the search and seizure proceedings was serving in the Income Tax Department thus, it cannot be said that said witness was a stock witness of the NCB or was an interested witness - He in his sworn..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Contraband - Search and seizure - Seizure of contraband narcotic drug, i.e., heroin/brown sugar weighing 2 kgs and 30 grams from the possession of A-1 has been duly established by prosecution beyond all manner of doubt - Link evidence required to prove the sanctity of sampling and transmission of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused is having requisite certificate and drug license to run medical store which is not disputed - He has not disposed of or sold even a single bottle of drug in question, which he purchased through bills -..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Civil Procedure Code, 1908, Order 21, Rule 95 -- Auction sale - If there is any ancillary proceedings to set aside the sale, sale will become absolute only after final disposal of those proceedings...........
