Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - Decree for specific performance - Petitioner claimed that he purchased the suit property under a registered sale deed for valid consideration from defendant no.5 - However, he purchased the suit property subsequent to registration of deed of sale in favour of DH while..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - O.21.R.29 CPC can be applied only if Court is convinced that it is conducive in the interest of both the parties to stay execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of decree - Petitioner who embarks on the provision should establish that there exists fairly arguable questions to be decided in the pending suit...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind bar for two years and six months - Only 7 out of 19 PWs have been examined - Trial is likely to take some time - Conviction of accused in other two NDPS cases related to smaller quantity - Bail granted with..........
Civil Procedure Code, 1908, Order 21, Rule 86, 71 -- Auction sale - Default in payment of auction money - Forfeiture - No provision in CPC which empowers Court to refund the initial amount deposited, to the auction purchaser who fails to make balance payment within time - O.21.R.71 CPC has no application, as property in question has not even resold - Moreover, mere..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
Civil Procedure Code, 1908, Section 55, Order 21, Rule 37, 38 -- Execution - Arrest and detention of JD - DH did not place on record any evidence about existence of property in the name of JD - Executing Court wrongly placed burden on JDs to disprove version of DH - Conclusion arrived by Court below is not in accordance with law - Impugned order directing JD to pay entire..........
Civil Procedure Code, 1908, Order 16, Rule 21, Evidence Act, 1872, Section 120, 137, 138, 139, 154, 155 -- Party as its own witness and a witness - Provisions of the Code as also Evidence Act do not differentiate between a party to the suit acting as a witness and a witness otherwise called by such a party to testify...........
Consumer Protection Act, 1986, Section 12, 21 -- Medical negligence - Merely because a doctor opts for a particular line of treatment but does not achieve the desired result, they cannot be held for negligence provided that said course of action undertaken was recognized as sound and relevant medical practice...........
Consumer Protection Act, 1986, Section 12, 21 -- Medical negligence - Adopting an alternative medical course of action would not amount to medical negligence...........
