Civil Procedure Code, 1908, Section 47 -- Execution - Execution proceedings in itself has become a second round of litigation - It takes ages for D.H. to realise the fruits of success of a decree with J.D. assisted innovatively - Decree Court to forthwith execute the decree and not later than one months from the date of this order...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Eviction - Execution proceedings - In view of conduct and attitude of revision petitioners, Court has not only found that petitions are devoid of merits, but also is satisfied that revision petitioners have vexatiously filed successive applications one after another to stall execution proceedings - Moreover, fact..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by third party - Application filed by obstructor U.O.21.R.97 CPC claiming himself to be in possession of property in dispute, would be maintainable and same should be decreed on merits even if no application is filed by DH to Court complaining regarding obstruction in obtaining possession of..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by third party - Whenever an obstruction or resistance is made by any person whomsoever in the execution of decree by the decree-holder, the Execution Court is under obligation to adjudicate the right, title or interest of the obstructionist/resister in the manner prescribed under Rules 98 to..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court declined prayer and observation given that accused shall not approach Court "before a minimum period of three years from the date of conviction" - Held, seeking relief of suspension of execution of sentence and to be released on bail is statutory right of accused -..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Expression `District Court' in S.44-A CPC for execution of foreign decree, will be construed to be a Court holding ordinary original civil jurisdiction in terms of its pecuniary limits as being notified u/s 5(2) of Delhi High Court Act...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Principal civil Court of original jurisdiction is normally a District Court - But where there is a split jurisdiction based on its pecuniary value, notified from time to time, District Court or High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Once pecuniary jurisdiction of Court exceed Rs.20 lakhs as notified by High Court u/s 5(2) of Delhi High Court Act, jurisdiction vests exclusively with the High Court as an ordinary original civil jurisdiction for execution a foreign decree u/s 44-A CPC subject to just objections which are available to..........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Cancellation - Gift deed executed voluntarily by petitioner in the year 2011 - Petitioner clearly stated in the gift deed that he has no right to cancel and frustrate gift deed and any such steps if taken would be void - No condition attached to gift - Petitioner was 39 years old at the time of execution of gift..........
Will -- Suspicious circumstances - Deprivation of natural heirs - Relationship between testatrix and beneficiary of Will has not been disclosed - Testatrix was suffering from terminal cancer at the time of execution of Will - Beneficiary of Will does not know about the details of family of testatrix - He took a prominent role in execution of Will - Sufficient reasons to..........
