Showing : 81-90 of 3968 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 97, 101-- Execution - Third party objections - Petitioners remained unsuccessful in an application U.O.1.R.10 CPC - Once order rejecting application U.O.1.R.10 CPC is accepted by petitioners they cannot resist execution in question in any manner...........
DELHI HIGH COURT
Year of decision: 2019
Details
Succession Act, 1925, Section 272-- Letters of Administration/probate - Will - Attesting witness of Will/PW2 stated that deceased was a friend of his father and he executed Will in his presence - He also recognized the signature of testator - Testator proved to be healthy and in normal condition at the time of execution of Will -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Objection by JD No.3 - Execution - Ex parte decree - JD alleges that decree could not be passed without implementation of O.32.Rr.3, 3-A CPC, as he was minor at the time of passing of decree - However, contents of application nowhere contends that by virtue of decree interests of minor was..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Section 47, Order 19, Rule 1-- Execution - Affidavit - Cross examination of deponent - High Court allowed parties to adduce evidence by affidavits and documents - Necessarily it includes examination of witnesses with relation to documents which are produced - Impugned order declining cross examination of deponent of affidavit..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Plaintiffs claiming to be in possession of property for the last 20 years - No document is on record as to ownership and title of plaintiff - Only one document i.e notice of encroachment was produced by plaintiff that too for the first time before High Court - Ration card..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Benami Transactions (Prohibition) Act, 1988, Section 3-- Benami transaction - Sale deed in favour of wife - Merely because of stamp duty at the time of execution of sale deed was purchased by husband, by that it cannot be said that sale deed in favour of wife was benami transaction...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Sale deed should be executed after measuring of land as admitted by defendant/vendor - However, no measurement was carried out at any point of time, more particularly after execution of agreement to sell - Plaintiff was thus, justified in asking and insisting for measurement..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Sufficient funds to pay balance sale consideration - Proof of - Merely because balance sale consideration was deposited by plaintiff out of fund/amount received by him by selling property in the year 1993, by that itself cannot be presumed and/or inferred that at the time of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 25(3)-- Consumer dispute - Execution - Merits of claim or dispute, cannot be considered during execution proceedings - They are independent proceedings initiated by the decree holder to enforce the decree passed in the substantive dispute...........

Showing : 81-90 of 3968 Results