Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution - Attachment of proceeds of movie - JD has not made any sincere attempt to settle decree amount - He is borrowing time by filing counter statement or by giving undertakings - Even one time settlement recorded by High Court also not utilized by JD - JD thus, not entitled for any leniency - Execution Court rightly..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - First appellate Court should have taken a decision on stay application, as in first appeal all questions of facts and law are to be considered by first appellate Court, which is also the last Court of facts...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When Court on the basis of evidence on record found no cause to invoke suo motu power u/s 319 Cr.P.C, same cannot be lightly invoked on the mere accusation made by complainant...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Court cannot reduce compensation at its mere whim or fancy in the absence of any legal or factual basis for awarding a lesser amount of compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased aged about 29 years was in real estate business and based on his income tax return of preceding assessment year Tribunal assessed his income at Rs.4,58,430, thereafter applying a multiplier of 17 and deducting 1/4th towards his personal expenses and awarding compensation on loss of consortium and..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Court to first decide petition u/s 24 of the Act and thereafter proceed with divorce case...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - PW2 brother of victim stated that many people from locality had come and seen the incident - However, none from locality was produced in Court as prosecution witness - Fact that no..........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - Execution petition was filed within two years from the date of decree - It squarely falls under U.O.21.R.22(1) Proviso CPC - Executing Court was therefore competent to dispense with service of notice upon JD when execution petition filed within prescribed..........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - When execution petition falls within the ambit of O.21.R.22(1) Proviso CPC, O.21.R.22(2) CPC does not apply - Even when O.21.R.22(2) CPC is attracted, Court has discretion to dispense with notice if it records reasons for doing so, particularly if issuance of..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Appellate Court must make efforts to prioritize hearing appeals filed against conviction u/s 138 of the Act and decide the same within 60 days of filing and not later than 90 days where appellant is not in a a position to deposit compensation amount as ordered..........
