Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Conditions precedent before a person can be held to have committed civil contempt are : (i) There must be a judgment or order or decree or direction or writ or other process of a court; or An undertaking given to a court; (ii) The judgment etc. must be of the court and undertaking must have been given to a..........
Specific Relief Act, 1963, Section 20(2) -- Agreement to sell - Plea of hardship - Vendor and vendor's wife dead and their 10 daughters residing in the property - Held, these facts hardly constitute hardship justifying denial of decree for specific performance...........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(8) -- Eviction petition - Ground of arrears of rent - Suit decreed ex-parte when tenant not appeared - Tenant filed application U.O.9.R.13 CPC for setting aside ex-parte decree - Question whether tenant was required to deposit arrears of rent at the time he filed application..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application for setting aside ex-parte decree - Suit involving adjudication of title of property after hearing the parties - Application allowed vide impugned order - Held, impugned order does not call for any interference...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. complaining interference by JD in his possession - Executing Court dismissed execution application observing the revenue entries and report of Superintendent of Police do not support possession of DH - Order of executing court set aside - Held, judgment of competent civil..........
Consumer Protection Act, 1986, Section 25(3), 27 -- Execution proceedings - Refund of deposit - Interest - Contentions of the complainant for enhancement of rate of interest or altering mode from simple to compound interest - Executing Court cannot go behind the decree - Since the original order was not challenged by the complainant at appropriate stage, and execution..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Adjustment and satisfaction of decree - Nothing brought on record to show that there was certified adjustment of the decree out of the court - Unless validity of consent terms is decided finally and parties certify the same, Executing Court to proceed to adjudicate and to execute the decree, by deciding issues..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay in filing appeal against ex parte decree - Earlier application for setting aside ex parte proceedings was dismissed and thereafter matter remained pending for five years - Plea that counsel did not inform her about passing of the ex parte decree - `Sufficient cause' in S.5 has to be interpreted liberally as it..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section , Order 39, Rule 1,2, Specific Relief Act, 1963, Section 38 -- Ex parte report of local commissioner - Evidentiary value - Suit for permanent injunction - Commissioner appointed to conduct spot inspection at the behest of plaintiff, without notice to defendants - Advocate commissioner who..........
Stamp Act, 1899, Section 36, 61 -- Pronote - Decree passed by trial Court reversed by appellate Court on the ground that pronote is insufficiently stamped - Held, insufficiently stamped document once admitted in evidence can only be dealt with u/s 61 of the Act whereby a party can be asked to pay the stamp duty payable along with penalty and thereafter read the document in..........
