Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - When resistance or obstruction is offered by a transferee pendente lite, it is explicit from reading O.21.Rr.98, 99, 101, 102 CPC, that scope of adjudication ought to be confined only to question whether person who resist or who was dispossessed was a transferee during..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court has no jurisdiction to examine validity or to review or hear appeal in respect of orders passed by Assistant Collector as well as by Revenue Council - Objections rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11, Criminal Procedure Code, 1973, Section 421 -- Enforcement of maintenance order - Warrant for levy of fine - Despite execution of warrant issued on application that is to be filed within 3 months of amount becoming due, if amount is not paid, law contemplates a breach for non-payment of each..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of sale deed - Plea of defendant that full consideration was not paid - Execution of sale deed not denied by defendant - All the right, title and interest over the suit property stand transferred in favour of plaintiff even if case of defendant is accepted that plaintiff..........
Civil Procedure Code, 1908, Section 60 -- Execution - Salary - Only 1/3rd of salary can be attached - Order attaching entire salary, held, illegal and unwarranted in law and same set aside to that extent...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
Contractual matter -- Share purchase agreement (SPA) - GLI agreed to purchase entire shareholding of appellants and respondents - Emails exchanged between parties revealing respondents were earlier agreeable to execute SPA - However, there was a subsequent change of mind - GLI entitled to execution of SPA as legal documentation reflecting agreement under which acquisition..........
Agreement to sell -- Specific performance - Plaintiff admittedly entered into compromise decree in earlier suit filed by defendant and admitted nearly 13 years after execution of agreement of sale, that defendants were owners of suit property - Plea of an agreement of sale not taken by plaintiff in said suit - Even plaintiff also admitted subsequent suit filed by him..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Managing Partner is actually representing firm and he cannot contend that execution of cheque is not proved especially when conviction and sentence of..........
