Consumer Protection Act, 1986, Section 17(1)(b), 25 -- Execution petition - Objection - Non speaking order - Disposal by District Forum of the execution petition by non - speaking order - Order not sustainable and liable to be set aside - District Forum directed to re - hear the objections after giving due opportunity of being heard to the parties...........
Civil Procedure Code, 1908, Section 115 -- Execution order - Retrospective promotion - Doctrine of 'no work no pay' - It has been clarified by learned first appellate Court that respondents - plaintiffs are entitled for all the benefits of retrospective promotion etc. after fixing their seniority and after granting them promotion from the date their juniors were promoted -..........
East Punjab Utilisation of Lands Act, 1949, Section 13(2)(i), 13(3)(a) -- Death of tenant - Eviction petition filed against one son who was in possession - Eviction order passed - Question whether second son who was not in possession can file objections in execution that he was a necessary party to be impleaded? - Held, No - The presumption is that the other heir must have..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections - Framing of issues and putting objection petition to trial is not necessary in every case - Court can dismiss the objection petition by a speaking order recording reasons for dismissal of objection petition if prima facie, the averments in the objection petition appear to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99 -- Eviction order - Execution - Third party objection claiming himself to be tenant - Neither any rent note nor any rent receipt or any document establishing that rent was ever paid, placed on record - In absence of any such document, status of appellant cannot be held to be that of tenant - Objection petition..........
Civil Procedure Code, 1908, Order 21, Rule 3 -- Execution - Decree of specific performance - Possession of house - Owner sold house to tenant - Original tenant, thereafter, executed agreement to sell in favour of original owner - Under the said agreement itself it was stipulated that after execution of sale deed, he would again become tenant or his tenancy would be revived..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objection petition - Decree alleged to be obtained by fraud - Objector was party to the suit and it was open for him to raise these pleas in the suit itself - Application filed only to delay the execution proceedings - Order rejecting application U.O.21.Rr.97, 101 CPC, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Execution petition closed - Application for amendment - Maintainability - Held, question of seeking amendment by filing an application U.O.6.R.17 CPC, whether in a suit, or in an execution petition, after the proceedings are terminated does not arise - It is only when..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Order passed by District Forum on 11.11.2009 but appeal filed on 25.3.2010 - No application for condonation of delay filed and pleaded in the appeal that the impugned order came to the knowledge of the appellant on 2.3.2010 when he was served through bailable warrants by police in execution petition pending..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application..........
