Civil Procedure Code, 1908, Section 115, Order 21, Rule 36 -- Execution petition - Order directing delivery of possession to decree holder - Revision against - Mode prescribed for delivery of possession in case was provided under O.21.R.36, CPC - Thus, if disputed order would have been in favour of judgment debtor, proceedings would not get terminated - If at all..........
Criminal Procedure Code, 1973, Section 82(1),82(4), Indian Penal Code, 1860, Section 174A, 498A,406 -- Proclaimed person and Proclaimed offender - Distinction - Accused evading warrant of arrest in offence u/ss 498-A, 406 IPC - Held, person who are absconding or concealing themselves to evade execution of warrants of arrest, could be `proclaimed persons' - They could be..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution proceedings - Application alleging disobedience of injunction order - Held, executing court would have to adjudicate upon application alleging disobedience of injunction on touchstone of O.21.R.32 CPC - It is only after executing court is satisfied that there is a willful default/disobedience of said order that..........
Civil Procedure Code, 1908, Order 21, Rule 32,38 -- Execution - Injunction order - Disobedience - Detention in civil prison - Court is required to record a finding as to whether J.D. had an opportunity to obey the decree and have willfully failed to obey the same - Executing Court mechanically accepted the case made out by D.H. - Impugned order set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application filed at appellate stage for collection of evidence with purpose of procrastinating execution of eviction decree - Application rejection - No error...........
Civil Procedure Code, 1908, Section 42, 41, Order 21, Rule 6, 7, 26 -- Execution of decree - Transferee executing court - Powers of - Whether transferee executing court is entitled to entertain and decide an objection as to executability of decree on ground that transferor court which is duly constituted under law lacked jurisdiction to pass decree? - Held, transferee..........
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 114 -- Promissory note - Consideration - One of the two marginal witnesses did not sign which proves that either consideration was not paid in his presence and he refused to sign or he was not present at the time of execution of pronote - Other marginal witness admitted in cross examination that..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale deed - Execution of - Held that the consumer complaint can be entertained though a civil suit on the same cause of action may also can be filed - It does not mean that the CP Act, 1986 gives lee-way to circumvent the regular procedure of..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, Limitation Act, 1963, Article 54, Contract Act, 1872, Section 23, 24, 28 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale Deed - Execution of - Specific performance - Limitation - Original contract made between deceased 'S' and deceased -'M-' sometime in 1969 - Assuming that no date was..........
Civil Procedure Code, 1908, Order 34, Rule 11 -- Mortgage - Non-payment of loan amount - Recovery suit for realization of principal amount along with interest - Preliminary decree was passed together with interest at rate of 12% per annum from date of preliminary decree till date of realization of decree amount - Executing Court held that revision petitioner claimed lesser..........
