Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on merits, and such plea ought not to..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - Executing Court is not bound to frame issues if objections on the face of it are frivolous and vexatious...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........
Consumer Protection Act, 1986, Section 13, 27, Civil Procedure Code, 1908, Order 21, Rule 32, Criminal Procedure Code, 1973, Section 251, 262 -- Non compliance of order of District Forum - District Forum to execute the decree and take penal action against the respondents by following the procedure u/s 262 r/w Chapter XX and S.251 of the Code of Criminal Procedure in..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of execution - O.21.R.29 CPC is in aid of doing justice to the parties and has to be exercised only in exceptional cases - Law is otherwise settled that execution of decree is not liable to be stayed, except for justifiable and good ground...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing objection..........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Governing principles - (i) An undue long delay in execution of sentence of death would entitle a condemned prisoner to approach the constitutional Court seeking commutation to imprisonment for life; (ii) In deciding upon such a..........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Factors to be taken into consideration - (i) while dealing with the question of commuting the sentence of death into life imprisonment delay has to be considered which has occurred after the judicial processes has come to an end..........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Following procedural safeguards must be observed while executing death sentence: (i) principles of natural justice must be read into the provisions of Ss.413, 414 Cr.P.C. and sufficient notice ought to be given to convict before issuance of a warrant of death by Sessions Court that would enable the convict..........
Civil Procedure Code, 1908, Section 47 - - Execution - Sale - Proceedings coming to an end - If the purchaser is already in possession of property, there is no question of his filing an application for delivery and in such cases execution proceedings cannot be continued after sale - Only if it is necessary to deliver the property pursuant to sale, execution proceedings do..........
