Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All questions that arise between parties to suit in which the decree was passed or their representatives and relating to execution, discharge or satisfaction of decree have to be determined by Executing Court - No separate suit can be filed to determine these questions...........
Civil Procedure Code, 1908, Section 47, 50 -- Execution - Objections - JDs claimed that suit property has come to their hands not in their capacity as Lrs but in their independent capacity being male lineal descendants of protected tenant - Said claim raised by JDs therefore, required to be determined by Executing Court as this is a question which relates to execution,..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Certified copies of judgment sought to be produced which are per se admissible - No prejudice would be caused had trial Court allowed certified copies of judgments in issue to be placed on record by putting parties to certain terms - Application allowed subject to payment of costs of..........
Armed Forces Tribunal Act, 2007, Section 30 -- Appeal - Scope of - Court in appellate jurisdiction u/s 30 of the Act would be slow in interfering with substituted punishment, unless order passed by Tribunal is found to be arbitrary, unreasonable or capricious...........
Armed Forces Tribunal Act, 2007, Section 15(6) -- Appeal against Court martial - Tribunal u/s 15(6) of the Act, which contains a non-obstante clause, has power to substitute finding of Court Martial, a finding of guilty of any other offence for which offender could have been lawfully found guilty by Court Martial and may pass a sentence afresh...........
Armed Forces Tribunal Act, 2007, Section 15(6) -- Appeal against Court martial - Tribunal in exercise of its power u/s 15(6) of Act, on the established fact of recovery of ammunition from possession of appellant, has taken a lenient view in favour of appellant and has modified the punishment from dismissal to compulsory retirement with all pensionary and retiral benefits -..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Money decree - Executing Court dropped the execution proceedings on the ground of technicality, without providing any opportunity to petitioner to supply required particulars of properties indicated in application for execution in compliance with provisions of O.21.R.11(2) CPC - Impugned order not sustainable -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Can be raised in any Court at any stage and even after final disposal of a special leave petition u/art 136 of Constitution...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Indian Penal Code, 1860, Section 420, 406, 471, 120B -- Quashing of proceedings - Cheating - Plea as to lack of consent u/s 6 of Delhi Special Police Establishment Act ought to have raised soon after registration of FIR - Once investigation is complete, charge sheet has been filed and Court of competent jurisdiction..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of provision of S.12-A of Commercial Courts Act - Declaration made by Court u/s 12-A of the Act was mandatory and that any suit instituted violating mandate of S.12-A must be visited with rejection..........
