Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for restitution of conjugal rights - Cannot be enforced except by way of attachment of property of the other party or compensation and mesne profits - No person can force a female or his wife to co-habit and establish conjugal rights - If the wife refuses to co-habit, in such case she cannot be forced by a..........
Civil Procedure Code, 1908, Section 60(1), Order 21, Rule 48 -- Execution - Salary - Where any part of the attachable portion of the salary of an employee is under attachment for a continuous period of 24 months, the same shall be exempt from attachment for a further period of twelve months and if such attachment for twenty four months is in one and the same decree, after..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 10 -- Execution of decree - Arrest and attachment before judgment - Agreement of sale executed prior to order of attachment before judgment - Decree for specific performance in favour of appellant passed in year 2006 - This Court cannot go into validity of proceedings of decree of..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33 -- Restitution of conjugal rights - Decree of - Even after passing of the decree, Court can issue a direction that decree shall be executed in the manner provided in O.21.R.33 CPC - Wilful disobedience is not a condition precedent for passing an order O.21.R.33(2) CPC...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33(2) -- Restitution of conjugal rights - Decree of - Court has jurisdiction to pass a direction for periodical payments when J.D. fails to obey the decree within the time limit provided...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33(1) -- Restitution of conjugal rights - Decree of - Non compliance - Director for periodical payments by J.D. - Quantum - Cannot exceed the amount of maintenance or the alimony which may be payable to the wife in accordance with S.24 or S.25 of the Act...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Object - J.D. can raise objection to the executability and validity of the decree within the four corners of the Code...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction order - Execution - Obstruction by third party - Claim of tenancy - No documentary evidence of taking shop on rent - No rent receipt produced - Rent sent once by Money order but no proof of same - Rent not deposited in Court when rent sent through money order not accepted - Mention of inaugural function but same..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 1 -- Execution petition - Opportunity to file objections - First appeal filed by petitioners though has been filed beyond period of limitation, yet is accompanied by an application with a prayer for condonation of delay in filing the appeal - Execution proceedings already initiated - Permission sought to file..........
Consumer Protection Act, 1986, Section 2(1)(g), 3, 21(b) -- Maharashtra Protection of Interests of Depositors Act, 1999, Sections 3 and 4 - Alternative remedy - Additional remedy - Deposit - Refund - Findings of fact - Revisional jurisdiction - Contention that parallel criminal proceedings having been initiated against petitioner under 1999 Act proceedings under CP Act not..........
