Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Once order or decree shows that it was obtained after following due judicial process by giving reasonable notice and opportunity to all the proper and necessary parties, Executing Court cannot enquire into the validity, legality or otherwise of judgment...........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Order passed by English Court is an order on merits in view of S.13(c) CPC - Appellant does not dispute the jurisdiction of Foreign Court and on its own requested the English Court to asses the costs summarily - English Court granted costs against appellant while dismissing his application - No appeal preferred..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign judgment passed by English Court - England is a reciprocating territory for the purpose of S.44-A CPC - Order passed by High Court of Justice, Chancery Division, England being a recognized superior Court in England, thus executable in India u/s 44-A CPC- Execution petition held, maintainable...........
Civil Procedure Code, 1908, Section 44A -- Execution - Order passed by Foreign Court - Falls within definition of `Order' and therefore, it is a `judgment' and thus becomes `decree' as explanation to S.44-A(3) CPC - Moreover, order passed by English Court after observing principles of natural justice and recording reasons on an application filed by appellant conclusively..........
Civil Procedure Code, 1908, Section 44A, 35A -- Execution - Foreign decree for costs - Contention that costs imposed exceed the bar imposed by S.35-A CPC, order of English Court thus, not executable in India - Contention rejected, as Court that ordered costs is the High Court of justice of England, which is not governed by provisions of CPC - Moreover, no claim advanced by..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Only when right to sue survives - Any claim on account of acts of fraud, misrepresentation, improper conduct, malfeasance and misfeasance are personal to the defendant - Heirs of such defendant or any of them cannot be made liable for the tortious and/or criminal acts of their predecessors in interest..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Municipal Corporation issued notice for unauthorized construction - Legality and validity of said notice challenged - Applicants claimed to have ownership rights in the suit house - Held, in the suit the only necessary and proper party is Municipal Corporation, who had issued the notice - Suit can..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Documents sought to be produced were in the knowledge of petitioner but he failed to produce the same before trial Court - Application dismissed by trial Court by giving sound reasons - order calls for no interference...........
Criminal Procedure Code, 1973, Section 127, 482 -- Maintenance - Order enhancing maintenance to wife - Quashing of order - Husband admitted his monthly income to the tune of Rs.10,707 - Wife who is living separately along with her daughter held, entitled to 1/3rd income of husband as maintenance - Maintenance allowance of Rs.2,000 rightly granted by Court below and is not..........
Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 22, Rule 4 -- Execution - Eviction order - Death of original tenant - Impleadment of all legal heirs not necessary - Tenancy devolves on legal heirs as joint tenants, therefore, even when only one of legal heirs of deceased tenant, who is in possession of property is impleaded in execution..........
