Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - Execution proceedings relate to interim order passed by Court in same suit - O.21.R.29 CPC does not contemplate a situation where execution proceedings in Court relate to an interim order passed by Court in same suit - Application U.O.21.R.29 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution of interim order of injunction - If execution of interim order of injunction is stayed U.O.21.R.29 CPC, it would have effect of nullifying interim order itself, as interim order operate only till disposal of suit - Application U.O.21.R.29 is not maintainable...........
Civil Procedure Code, 1908, Section 36 -- Execution - Order granting injunction is executable by applying provisions of CPC relating to execution of decrees...........
Criminal Procedure Code, 1973, Section 311A, Proviso -- Specimen signatures - Comparison of signatures of accused appended on cheque - Complaint u/s 138 of N. I Act - Accused has to be considered to have been arrested by executing officer in connection with proceeding pending before Court, at the time of execution of bailable warrants - Thereafter, accused appeared,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 8, 23(1) -- Powers of Tribunal - Tribunal cannot be a substitute for a civil Court for purpose of carrying out an inquiry as to circumstances which led to execution of document which is capable of being declared void u/s 23(1) of the Act...........
Will -- Execution - Scribe examined but none of the attesting witnesses examined - Testimony of scribe cannot be substituted for testimony of an attesting witness - Defendant one of the two attesting witnesses - One can appreciate that plaintiff would not examine defendant as he will not depose in his favour but it remains unexplained as to why other attesting witness not..........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of execution petition - Execution proceedings transferred from Pune to Nalagarh on the ground that suit property is situated within territorial limits of Court at Nalagarh - However, Court at Nalagarh was not having pecuniary jurisdiction to try the suit, same obviously not having jurisdiction of executing decree so..........
Arbitration and Conciliation Act, 1996, Section 49, 48, 47 -- Enforcement of Foreign award - Applicability of provision of S.5 of Limitation Act - Application u/s 47 of the Act is not an application filed under any of provisions of O.21 CPC - Application is filed before appropriate High Court for enforcement, which would take recourse to provisions of O.21 CPC only for..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Provision of S.47 CPC cannot be abused to raise a case which was not even argued or pressed before Court below or to raise an altogether new issue which required reconsideration of controversy afresh de novo, which is not legally permissible u/s 47 CPC...........
