Consumer Protection Act, 1986, Section 11(2), Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Doctrine of Waiver - As a general rule, neither consent nor waiver nor acquiescence can confer jurisdiction upon a Court or quasi judicial authority which is otherwise incompetent to try a suit or Complaint - Section 21 of the CPC provides an..........
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Verification - Accompaniment of affidavit - Does not amount to verification - Verification in itself is an essential and independent requirement of the affidavit...........
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Verification - Absence of - Held, an opportunity has to be granted to the applicant for rectifying the defect...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Stay by appellate Court - When appeal is dismissed affirming the decree without any alteration then execution petition filed earlier can be continued...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 11 -- Execution - Decree of eviction, arrears of rent and damages - Objection as to title of D.H. - Looked in by execution Court though not called for and decided in favour of appellant - High Court found fault with it and ordered for fresh execution - Not legal - High Court's view held to be suffering from..........
Civil Procedure Code, 1908, Order 34, Rule 11, Banking Regulation Act, 1949, Section 21 -- Bank loan - Suit for recovery - Interest - Levy of 12% interest on decretal amount from date of suit to date of realisation - Reduced to 6%...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Exparte decree - Executable as a contested decree...........
Arbitration Act, 1940, Section 17, Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Arbitration award - Execution - Executing Court can go into the question of legal misconduct of an arbitrator and also whether the award is made without any evidence on record and if the award is made in breach of the principles of natural justice and express terms of the contract -..........
Arbitration Act, 1940, Section 17, Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Arbitration award - Execution - It is the duty of the executing Court to X-ray the award and to lift the veil to find out what material was available before the arbitrator to have come to his conclusions - It is not the duty of the executing Court to decide whether the award was right or..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22 -- In response to notice U.O.21.R.22 CPC if J.D. fails to raise objection, he is debarred from raising objection to executability of decree subsequently and same must be taken to be barred by time...........
