Civil Procedure Code, 1908, Order 21, Rule 11, Limitation Act, 1963, Article 136 -- Execution petition - Limitation - Begins to run from date of decree and not from date when decree is actually drawn up and signed by Judge - DH does not have benefit of exclusion of time taken for obtaining certified copy of decree...........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Factum of filing an application u/s 5 of Limitation Act for condonation of delay is an admission on part of petitioners that Execution petition filed by them was barred by limitation...........
Constitution of India, 1950, Article 136, Civil Procedure Code, 1908, Section 100 -- Second appeal - Judgment - Challenge - In absence of any challenge to judgment and decree passed by High Court in second appeal, rejecting second appeal on ground that it lacked merit - Respondents/successors in title of plaintiff can neither succeed nor can be permitted to agitate before..........
Civil Procedure Code, 1908, Order 21, Rule 11, 22, Civil Procedure Code, 1908, Order 23, Rule 2, Limitation Act, 1963, Article 135, 136 -- Second execution petition - Execution allowed to be withdrawn and proceedings allowed to be kept intact for filing fresh execution petition - O.23.R.2 CPC and Article 135/136 Limitation Act not applicable to fresh execution petition...........
Civil Procedure Code, 1908, Section 114, Constitution of India, 1950, Article 136, 215 -- Review - Transfer of share by member of one group to another group of company - Company Law Board upheld validity of such transfer - Appeal filed against order of CLB - High Court instead of confirming validity of such transfer, interfered with whole resolution and invalidated other..........
Constitution of India, 1950, Article 136, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Special Leave Petition - Maintainability - RUIAS agreed not to prosecute the suits against MGG - Continuance of SUITS-II and III is without any cause of action and an abuse of the judicial process - Therefore, no cause of action insofar as MGG and its officers, neither..........
Civil Procedure Code, 1908, Section 102, Constitution of India, 1950, Article 136 -- Petty cases - Filing of SLP - An amount of Rs.8,724/- is to be paid to respondent employee as reimbursement of his medical claim challenged by way of SLP - Held, petitioner Haryana Dairy Development Cooperative Federation Limited treating litigation as luxury must have spent amount already..........
Civil Procedure Code, 1908, Order 21, Rule 85, 90, Limitation Act, 1963, Article 136 -- Execution of decree - Limitation period - Within 12 years from the date when decree becomes enforceable - Held, it cannot be interpreted that execution proceedings would terminate if decree was not satisfied in 12 years from date of decree - It will continue till amount due is not..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Special leave to appeal - Review - Doctrine of merger - Held, jurisdiction, conferred by Art.136 of the Constitution, is divisible into two stages - First stage is up to disposal of prayer for special leave to file an appeal - Second stage commences if and when leave to..........
