Karnataka Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1972, Section 4 - - Allotment of flat - Appellants insisting on execution of agreement to sell so as to facilitate disbursement of loan which was sanctioned by Bank - Insistence of appellants on developer was therefore, consistent with statutory obligation cast on..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objections - Person inducted as tenant, in the suit premises, during pendency of proceedings - Such person has no right to be heard, by Executing Court, before delivery of possession - Execution Court directed to proceed execution proceedings and issue necessary police aid for effecting delivery of..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Divorce petition allowed to be converted into divorce petition by mutual consent and divorce granted on execution of consent terms in between the parties - One of the consent terms was non claim of maintenance for the minor child by wife - Held, wife can give up..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce petition allowed to be converted into divorce petition by mutual consent and divorce granted on execution of consent terms in between the parties - One of the consent terms was that parties will withdraw cases filed by each of the parties against the other - Supreme Court quashed FIR lodged by..........
Limitation Act, 1963, Article 59 -- Suit for cancellation of Will - Suit filed within three years of execution of Will - Plaint returned for presentation to proper Court - No amendment was sought by plaintiffs after return of plaint, therefore suit filed is not barred by limitation...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- (as amended by Act, 2016) - Application for appointment of arbitrator before High Court - Maintainability - Execution of work contract containing arbitration clause was prior to date of amendment and notice for reference to arbitration issued in year 2017 - However, Amendment Act, 2016 applies from date on which..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by stranger - Plea of limitation U.O.21.Rr.97, 100, 103 CPC cannot be raised by stranger obstructionist as such plea is only available to JD...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Suit for possession by Trust - Where execution petition preferred by Secretary of DH/Trust was proper and legal, it was not necessary for DH to have signed execution petition...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated which issue already stands..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 32 -- Death sentence - Issuance of warrant for execution of death sentence before expiry of period for filing of special leave petition/an appeal against order of conviction - Issuance of warrant for execution of death sentence is contrary to law - Issuance of warrant for execution of death sentence..........
