Will -- Suspicious circumstances - Judicial verdict will be based on consideration of all the unusual features and suspicious circumstances put together and not upon the impact of any single feature that may be found in a Will or a singular circumstance that may appear from the process leading to its execution...........
Civil Procedure Code, 1908, Order 18, Rule 17, 17A -- Production of evidence - Lease agreement in between defendants for erecting TVS Towers/Cellular Towers - Suit for declaration that mutual agreements/lease deeds executed in between defendants are null and void and seeking further relief from changing the nature and character of suit land - Plaintiffs immediately after..........
Civil proceedings -- Cause of action is a concept relating to civil suits and not to execution petitions...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - S.44-A CPC only enables District Court to execute decree as if decree passed by Indian Courts - Filing of an application u/s 44-A CPC therefore, will not create a fresh period for enforcing decree - S.44-A CPC has nothing to do with limitation...........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period for executing a decree passed by a foreign Court (from reciprocating country) in India will be limitation prescribed in reciprocating foreign country - However, this will be subject to decree being executable in terms of S.13 CPC...........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period - Period of limitation would start running from date decree was passed in foreign Court of a reciprocating country - However, if DH first takes steps-i, aid to execute decree in cause country and decree is not fully satisfied, then he can file a petition for execution in India..........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Party filing petition for execution of a foreign decree must also necessarily file a written application in terms of O.21.R.11(2) CPC - Without such an application it will be impossible for Court to execute decree - Such application for executing a foreign decree will be an application not covered..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Third party objection - Execution of decree - Appellant filed objection in execution proceedings claiming that he was not impleaded as party though was tenant in shop thus order of eviction not binding on him - Appellant miserably failed to prove relationship of landlord and tenant..........
Agreement to sell -- Specific performance - Defendant specifically acknowledged execution of agreement in question - Plaintiff remained present in Tehsil compound along with balance sale consideration and expenses required for execution of sale deed, but it was defendant who did not turn up - Plaintiff always was and still ready to perform his part of agreement, as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Non consideration of petition filed by accused - Execution of cheque proved - Held, mere non consideration of petition filed by accused is not a matter which accused can canvass as a ground which caused prejudice to his defence...........
