Civil Procedure Code, Section 47,38 -- Order 21 - Rate of interest awarded by competent Court - Not within jurisdiction of Executing Court to hold whether same correct or not - Mortgage suit based on specific contract between the parties, Court passed decree granting interest @ 12.5% per annum and said decree became final and binding between the parties - Objection by..........
Negotiable Instruments Act, 1881, Section 138, 118(g), 9 -- Bearer cheque - Dishonoured due to insufficiency of funds - There is presumption under S.118(g) that holder of a negotiable instrument is a holder in due course - Under Section 118(a), there is a presumption that every negotiable instrument was made or drawn for consideration - This presumption is, however,..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Change of path or providing a new path - Person acquiring title to property after consolidation - Not share-holder at the time of consolidation - No right to move Consolidation Authorities for effecting change in paths provided during consolidation - Director Consolidation under..........
Civil Procedure Code, Section 151,152,47 -- Order 21 ,R. 11(2) - Only after decree-holder declared to be purchaser of share of judgment-debtor - Decree-holder can file regular execution application under Order 21 - Application by decree-holder under Sections 151/152 for certain directions to judgment-debtor - Not an execution application under Order 21 - Partition Act,..........
Civil Procedure Code -- Not applicable to execution of pre-emption decree for possession - Order 41 Rules 6 and 8 applicable in a case where any immovable property in execution of decree being sold - Suit for possession by way of pre-emption decreed, same upheld upto Supreme Court, in execution objections of judgment-debtor dismissed, same upheld by High Court, Special..........
Limitation Act, 1963, Article 136 -- Execution of decree - Stayed by Court - Decree - holder not entitled to property till decision of appeal - Immediately after dismissal of appeal execution proceedings revived - No question of objectors becoming owners after expiry of limitation...........
Civil Procedure Code -- Land purchased during pendency of suit and thereafter residential house constructed on the land - Objection that Executing Court cannot issue warrants of possession without giving proper opportunity to judgment-debtor to remove construction even if construction was illegal - Not tenable - If any construction made on the property pending the suit -..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Railways - Deficiency in service - Complainant holder of monthly season ticket - Position of the Rules brought to his notice that he is not entitled to travel in a super-fast express train - Boarded the train without purchasing, the super-charge ticket - Ticket collector charged Rs.122/- from him without taking into..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Under sections 21/61/85 of N.D.P.S. - Petitioner licence holder to sell, stock or exhibit or offer for sale drugs- Caught by police for holding 47 boxes of LOMOTIL tablets numbering 47,000 and other such drugs - The action of police in transgressing powers and arresting innocent person deprecated - FIR and..........
Civil Procedure Code, 1908, Order 21, Rule 39 -- J.D. - Arrest warrant - Unless decree-holder deposits amount of subsistence allowance as determined by Executing Court, no order can be issued for arrest of judgment-debtor...........
