Consumer Protection Act, 2019, Section 71 -- Execution - Decree cannot by process of execution be employed to shift or enlarge liability so as to bind persons who were neither parties to decree nor otherwise legally liable thereunder...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Amendment was only to bring execution petition in line with final decree passed by Court - More so, executing Court has rendered certain findings and has held that unless execution petition is amended, decree cannot be executed - Application..........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Family disputes, dissolution of marriage, decree of divorce under Hindu Marriage Act or Special Marriage Act can only be entertained by Family Court u/ss 7 & 8 of Family Courts Act and in absence of Family Court, District Court can examine the matters...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Plaintiff is seeking a decree of divorce/talaq by Matrimonial suit which he had filed before Civil Judge (Jr. Div.) - In absence of Family Court in District, only competent authority to deal with such matrimonial matter is District Judge or Civil Court - Civil Judge (Jr. Div) had no such authority or..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund of earnest money - Plaintiff has specifically sought decree for recovery of Rs.20 lakh double the amount of earnest money in the alternative though inadvertently same could not be sought in prayer clause -..........
Succession Act, 1925, Section 372 -- Succession certificate - Dispute regarding status of legally wedded wife - Rival claims - Parallel comprehensive suit for partition pending - It is not appropriate for High Court to decide status of parties in a summary proceeding - Parties to establish their legal status through evidence in the pending civil suit - Based on the decree..........
Civil Procedure Code, 1908, Section 39 -- Execution - Arbitral award - Enforcement of an award through execution can be filed anywhere in country where such decree can be executed - There is no requirement for obtaining a transfer of decree from Court which would have jurisdiction over arbitral proceedings...........
Civil Procedure Code, 1908, Section 39 -- Execution - Executing Court could not have returned execution petition for presentation to proper Court in view of S.39 CPC - If executing Court found that decree is necessary to be executed by another Court of competent jurisdiction, executing Court can transfer the decree in view of S.39 CPC...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Non-payment of balance sale consideration within time period fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Power to extend time granted in decree for performance of its conditions can be extended on such terms as Court may deem fit - However, non-grant of extension of time cannot be the end of transaction...........
