Showing : 441-450 of 4022 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Eviction decree - Objections - Person who was party to original proceedings and who set up completely different case in original proceedings, cannot plead new facts in application u/s 47 CPC and claim that decree was nullity, on basis of new facts so pleaded - Application rightly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Constitution of India, 1950, Article 226-- Writ of mandamus - Restraining respondent No.3 from releasing of bank guarantee on account of delay in execution and completion of project of water supply line - Exercise of extraordinary jurisdiction under Art.226 of Constitution - Court cannot issue injunction against invoking of such bank..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for payment of amount - Adjustment of amount deposited by judgment-debtors - Amount is to be adjusted first towards costs, then towards interest and thereafter if anything is left, towards principal amount - In the instant case, Executing Court has deviated from the said..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, 34-- Execution - Objection - Claim of interest pendente lite - Decree for payment of money - Suit of plaintiff decreed with simple interest of 10% p.a till decretal amount is paid - Decree is silent so far as award of pendente lite interest - If Court intended that plaintiff is also entitled to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, 151-- Auction sale - Setting aside - Third party objection - Respondent No.1 neither a party to suit nor to the execution petition (EP) - Having participated in the auction unsuccessfully and having kept quite at that time, respondent No.1/third party is estopped from questioning the auction sale of EP..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading legal representative - Death of sole defendant - Partition suit - Petitioner sought her impleadment on basis of registered Will said to have been executed by deceased defendant in her favour - However, execution of Will itself is in dispute - It may not be permissible for High Court to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Will-- Sound mind - At the time of execution of Will testator was on death bed and was administered drip - Hands of testator were shivering while signing Will - Testator died after few hours of execution of Will - Dispositions made in the Will may not be the result of testator's free Will and mind -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 65(c)-- Photostat copies - Proof thereof - Mere exhibition of document does not dispense with proof of its execution - Photostat copies of the documents are required to be proved in terms of their execution at later stage...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 16, Rule 6, 7-- Summoning of Sub-Registrar along with record containing true extract of registered gift settlement deed - Certified copy of document in question already marked in evidence and same was certified to be true copy by none other than registration authorities themselves - That being so, asking..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Plea of misrepresentation and undue influence in execution of sale deed - Presumes that person was knowing the fact that he executed the deed and he is claiming either a mistaken fact or undue pressure by someone else in transaction - Said plea itself would show that he was having a..........

Showing : 441-450 of 4022 Results