Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Executing Court can allow objection u/s 47 CPC to the executability of decree, if it is found that same is void ab initio and nullity, apart from the ground that decree is not capable of execution under law either because the same was passed in ignorance of such a provision of law or the law was promulgated..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objection - Once the compromise decree is clear and unambiguous and the same has attained finality, executing Court cannot traverse beyond the said decree unless the same is a nullity or without jurisdiction - Court below committed error by allowing application u/s 47 CPC, as object of S.47 CPC is to..........
Bombay Public Trust Act, 1950, Section 41D, 36A, Trusts Act, 1882, Section 46, 47 -- Delegation of powers - Validity thereof - Punishment for same - Delegation of all the powers and functions by respondent nos.2 to 9 and also the appellant in favour of the Managing Trustee of the Trust deceased is permissible in law as the instrument of the Trust provides for that -..........
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47(2) -- Expression "Type of work" carried on in any establishment u/s 47(2) Proviso of Act would apply to both dispensing with service including reduction in rank as well as promotion...........
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47(2) - - Non-discrimination in government employments - Proviso at the end of S.47(2) of act applies to whole section and therefore exemption available under the said proviso applies both to promotion and dispensation of service...........
, Section 47 - - Non-discrimination in government employment - S.47 of Act makes clear that there is no discrimination against employees who acquire disability during service - Exemption depends upon "type of work" - Since the job requirements in CRPF demands a high level fitness and ability thus it is exempted from the provision of S.47 of Act...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on merits, and such plea ought not to..........
Constitution of India, 1950, Article 226, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47 - - Writ - Mandamus - Notification exempting drivers and conductors of Haryana roadways - Notification issued after accident incurring of disability and subsequent appointment of petitioner - Held, notification is not..........
Constitution of India, 1950, Article 226, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47 - - Writ - Mandamus - Petitioner met with an accident on 30.03.1999 and retired on 08.03.2001 and appointed as chowkidar in year 2004 - Notification date 27.06.2005 is not retrospective in operation - Once notification..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 47, Rule 1 -- Impleading as party - Pleas taken by applicants is for purpose of Impleading as party and for purpose of determining relevance of material brought to notice of court - Mere fact that plea is raised by applications and the material produced in support of plea has been considered..........
