Agreement to sell -- Suit for specific performance - Money not offered at the time of execution of sale deed - Merely for this reason plaintiff cannot be held to be not ready and willing to perform his part of contract when there are necessary pleadings to this effect and there is nothing on record to doubt bonafide statement of plaintiff on oath that he is ready and..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment of property before judgment sought - Furnishing particulars of property - Duty of - It is the decree - holder, who has to furnish all details including description of property to be attached in execution - Attachment of property at instance of judgment-debtor, that too, in a suit for recovery of money, is unknown..........
Limitation Act, 1963, Article 136, Civil Procedure Code, 1908, Section 48(1) -- Execution of decree - Limitation - What would be the date from which a decree becomes enforceable for execution thereof within the meaning of Article 136 or the 1963 Act - Held that all decrees, be it original or the appellate, are enforceable - Once a decree is sought to be enforced for the..........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 15 -- Specific performance of suit - Agreement to sell property - Plaintiffs averred that amount of loan advanced by them to defendant was treated as advance and balance sum was to be paid by plaintiffs at time of execution and registration of sale deed - However, defendant issued notice to..........
Civil Procedure Code, 1908, Section 34 -- Interest - Agreement to sell - Decree for return of earnest money - Agreement to sell executed as a collateral security for repayment of loan or debt - Loan taken in the year 1990 and defendant denied the execution of agreement itself - Interest pendente lite and future interest allowed at the rate of 12% per annum...........
Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- TPA Prior to 1976 amendment - Suit setting aside sale of immovable property - Filing of - Allegations of - Fraudulent transfer - What amounts to - Money decree - Execution proceedings pending - Before property of judgment debtor could be attached he sold it in favour of plaintiff -..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Proviso - Money decree - Execution - Arrest and detention - Notice to J.D. to show cause instead of warrant of arrest - Notice to be issued to J.D. to appear before the Court - However, such notice is not necessary when Court is satisfied by affidavit or otherwise, that with the object or effect of delaying the..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Money decree - Execution - Attachment of joint property - If the co-owner of property is neither a debtor nor a guarantor then his share in the property cannot be attached merely because that co-owner happens to be the wife of J.D. or a partner in business...........
Agreement to sell -- Suit for specific performance - Defendant denied execution of agreement and also denied receipt of earnest money - Execution of agreement and receipt of earnest money proved - Plaintiff always ready and willing to perform his part of the contract - There is absolutely no equity in favour of the defendant - If suit remained pending for about seven years..........
Advocates Act, 1961, Section 35, 37, 38 -- Advocate - Professional misconduct - Advocate receiving money in execution of decree, on behalf of decree holder, but not accounting him and using it for own need of medical treatment - State Bar Council holding him liable and struck off his name from the Roll - Bar Council of India, in appeal, condoned it on ground that there was..........
