Punjab Land Revenue Act, 1887, Section 45, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte decree - Suit filed for possession - One of the defendants chose not to contest the suit and hence proceeded against ex-parte - Remaining defendants though filed written statement, but cared not to lead any evidence to substantiate the case set up in written statement - Held,..........
Consumer Protection Act, 1986, Section 25 -- Execution proceedings - Executing Court cannot go behind the decree - At the same time the Executing Court cannot direct the decree holder to violate the statutory provisions - Petitioners had not complied with the order dated 11.1.2001 immediately after it was passed by the District Forum or immediately after the appeal was..........
Civil Procedure Code, 1908, Order 8, Rule 1-A -- Documents sought to be filed during pendency of application filed U.O.9.R.13 CPC to set aside exparte decree - Held, it is neither O.8.R.1-A(3) nor O.8.R.3 which is applicable - Application dismissed...........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit for permanent injunction restraining Gram Panchayat from interfering in peaceful possession of plaintiff - Plaintiff in established possession and also constructed a house in the suit property - Title not to be decided in a suit for permanent injunction -..........
Electricity Act, 2003, Section 154(5) -- Electricity - Theft - Civil liability - Determination - By itself is not `decree' passed by civil Court - But it is only by fiction of law that such liability is to be recovered as if it was a decree of Civil Court...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord, born in Tanzania, sought eviction on ground of personal necessity - Revenue records reveal that father and grandfather of landlord were born and brought up in India and were Indian Citizen - This fact further got assurance from Civil Court decree - Held, landlord is an `NRI'...........
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Complaint referred to Lok Adalat - Matter settled and award passed - Cannot be executed as civil decree in civil court - Award passed by Lok Adalat in a complaint referred by Criminal Court does not acquire the characteristics of a decree of Civil Court..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of one year - Lapse on the part of counsel - Litigant should not be made to suffer - Delay condoned - Ex parte decree set aside...........
Hindu Marriage Act, 1955, Section 13(1)(i)(a) -- Divorce - Cruelty - Illicit relationship of wife with his brother-in-law (sisters husband) - Allegation proved by independent evidence as well as relations - Maintaining of illicit relations by wife with a third person is a worst type of cruelty - Decree of divorce, upheld...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties living separately for several years - Parties not able to live together - No chance of reconciliation between the parties - Parties agreed to dissolve their marriage by mutual consent without any coercion, undue influence or collusion - Agreement to dissolve marriage by mutual consent was entered..........
