Civil Procedure Code, 1908, Section 47 -- Consent decree - Default clause - Default clause cannot be considered to be penal in nature to attract S.74 of Contract Act - Executing Court cannot go behind the decree - It has no jurisdiction to modify a decree - It must execute decree as it is...........
Civil Procedure Code, 1908, Section 47 -- Consent decree - Default clause - Payment was to be made within six months and in case of default to pay interest @ 18% p.a. - Even if the term stipulating payment of interest is penal in nature, the Executing Court is bound by the terms of the decree - Executing Court cannot reduce the rate of interest - It has no jurisdiction to..........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - A decision rendered without jurisdiction would be coram non juris - Objection in regard to jurisdiction may be taken at any stage - A decree passed by a Court without jurisdiction is a nullity and that its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon, even at the stage..........
Punjab Pre-emption Act, 1913 -- Decree of possession by way of pre-emption - DH made short deposit due to mistake on part of Court - DH moved application alleging that he be allowed to deposit short amount and delay in depositing the amount be condoned - Held, Executing Court cannot extend time for deposit of money u/s 148 of Civil Procedure Code - However, in exercise of..........
Delhi Rent Control Act, 1958, Section 3, 6A, 8, 8(1), 50, Civil Procedure Code, 1908, Order 12, Rule 6, Delhi Rent Control (Amendment) Act, 1988 -- Termination of tenancy - Suit for recovery of possession of tenanted premises - Appellant seeking protection u/s.50 of Delhi Rent Control Act from bar of jurisdiction of Civil Court - Execution of Lease deed in favour of..........
Family Courts Act, 1984, Section 7, Hindu Marriage Act, 1955, Section 25, 26 -- Maintenance - Jurisdiction of Family Court - Court exercising jurisdiction under the Act may at the time of passing of the decree or at any time subsequent thereto, on application made to it, pass an order of maintenance...........
Constitution of India, 1950, Article 227 -- Revisional jurisdiction - Execution proceedings - Attachment order - The order passed by petitioner against the judgment debtor specifically set aside - In the decree further ordered that plaintiff respondent would be treated as Laboratory Technician w.e.f 12.7.1982 and decree holder entitled to get salary of post of Laboratory..........
Civil Procedure Code, 1908, Section 39(4) -- Execution - Transfer of decree to another Court against one of the J.D's - Transferee Court has no jurisdiction to execute the decree as against other J.D's...........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Transfer of decree to another Court - Transferee Court cannot attach salary of a J.D. when his Disbursing Officer is not within jurisdiction of that Court...........
Civil Procedure Code, 1908, Section 34 -- Interest - Award of interest at the rate of 18% per annum from the date of decree to the date of realisation - No finding that transaction is a commercial one - Decree to that extent is without jurisdiction...........
