Family Courts Act, 1984, Section 10 - - Proceedings before Family Court - Applicability of CPC - Provisions of CPC are applicable to suits and proceedings before Family Court - Order passed by Family Court has the effect of a decree and is executable in the same manner as prescribed in CPC, which is clear from S.18(1) CPC...........
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...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - I, executable decree - Trial court passed decree of specific performance in ignorance of fact that property in dispute had already been sold during pendency of suit - Decree became i, executable - Plaintiff entitled to refund of original amount paid to defendant alongwith interest...........
Prisons Act, 1894, Section 30(2), Indian Penal Code, 1860, Section 73 -- Death sentence - Custodial segregation - Held, permissible only when death sentence becomes finally executable on rejection of mercy petition - Jail authorities directed to make proper implementation of S.30(2) - However, custodial segregation of death convict during interregnum not supervening..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - There is no rule that a compromise decree should be an executable one or that it could not be one dismissing suit - When there is a compromise between parties, what is required is that Court has to order such agreement, compromise or satisfaction to be recorded and pass a decree in accordance therewith so..........
Haryana Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1973, Section 8 -- Default in repayment of loan - Recovery of - Held, order passed by prescribed authority is deemed to be a decree of Civil Court and would be executable in same manner as a decree of such Court...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22 -- Consent decree - Execution - Consent decree is executable within a period of 12 years...........
Civil Procedure Code, 1908, Order 9, Rule 10, 13 -- Ex parte order against dead person - Setting aside of - Respondents could not bring all legal heirs on record at relevant time - Application filed by petitioner for setting aside ex parte award/order passed against dead person - Held, such award will create further complication when same is put for execution by..........
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Matter referred to Lok Adalat - Award based on compromise - It is a decree and is executable by Civil Court irrespective of the fact that reference was made by a Criminal Court - Act does not make out any distinction between the reference made by a Civil..........
Legal Services Authorities Act, 1987, Section 21 -- Matter referred to Lok Adalat by a Criminal Court - Award based on compromise - Held, it amounts to a decree and is executable by a civil court - Award on reference by a Criminal Court is not an order of the Criminal Court - Act does not make out any distinction between the reference made by a Civil Court and Criminal..........
