Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Order is not executable - In extreme urgency recourse can be had to S.151 CPC for implementing the order - First remedy available is U.O.39.R.2-A and power u/s 151 CPC can be invoked only after exhausting the remedy U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Section 13(b) -- Ex parte foreign judgment - Not executable in India in terms of S.13(b) CPC...........
Punjab Co-operative Societies Act, 1961, Section 55, 63, 64, 65, 66 -- Execution of orders - Award passed under Act is executable as decree of Civil Court - Registrar has also power under Act for recovery of amount by attaching any property...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Specific performance - Non deposit of balance sale consideration within time - Decree is not executable by making payment of interest even when J.D. has not sought rescission of contract...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign judgment passed by English Court - England is a reciprocating territory for the purpose of S.44-A CPC - Order passed by High Court of Justice, Chancery Division, England being a recognized superior Court in England, thus executable in India u/s 44-A CPC- Execution petition held, maintainable...........
Civil Procedure Code, 1908, Section 44A -- Execution - Order passed by Foreign Court - Falls within definition of `Order' and therefore, it is a `judgment' and thus becomes `decree' as explanation to S.44-A(3) CPC - Moreover, order passed by English Court after observing principles of natural justice and recording reasons on an application filed by appellant conclusively..........
Civil Procedure Code, 1908, Section 44A, 35A -- Execution - Foreign decree for costs - Contention that costs imposed exceed the bar imposed by S.35-A CPC, order of English Court thus, not executable in India - Contention rejected, as Court that ordered costs is the High Court of justice of England, which is not governed by provisions of CPC - Moreover, no claim advanced by..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Where an award is made by Lok Adalat in terms of a settlement arrived at between the parties, it becomes final and binding on parties to the settlement and becomes executable as if it is a decree of a civil court and no appeal lies against it to any Court - However, if any party wants to challenge..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - DH/vendee did not deposit the balance amount within time, nor he filed any application for making deposit or extension of time for deposit of balance amount - Even no explanation has been given for the same - Decree of specific..........
Indian Penal Code, 1860, Section 302, 364, 376, 511, 201, 120B, Constitution of India, 1950, Article 72 -- Offence u/ss 302, 364, 376, 511, 201, 120-B - Death sentence - Rejection of mercy petition - Delay of 3 years and 3 months in rejection of mercy petition - No delay or dilatory tactics on part of convict - Execution of death sentence would be unconstitutional as it..........
