Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objections - Decree of permanent prohibitory injunction - Satisfaction recorded in one execution petition would not result in dismissal of a further execution petition filed on the ground of subsequent interference caused - Decree of permanent injunction operates perpetually against judgment debtors, their assignees..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Two round of litigations - Lok Adalat award in the first round of litigation - In the second round of litigation order of interim maintenance passed - Wife cannot seek recovery of maintenance on the basis of compromise arrived at by parties before..........
Will -- Testatrix specifically mentioned in the Will regarding cancellation of earlier Will - Will is duly proved by testimony of one of attesting witness - No evidence produced on record to prove that testatrix was not in her proper senses or was not physically or mentally fit at the time of execution of Will - Will proved on record...........
Forward Contracts (Regulation) Act, 1952, Section 27, Maharashtra Protection of Interests of Depositors Act, 1999, Section 4, Insolvency and Bankruptcy Code, 2016, Section 14 -- Recovery of the outstanding amount - There is no overlap or inconsistency between the provisions contained in the IBC and MPID Act - As such, S.14 IBC has the connotation which is very much..........
Partition suit -- Co-sharers - Defendant and plaintiff are real brother and sister and property was purchased in joint names of parties - Execution of sale deeds in joint name itself has been admitted by defendant - Defendant was in actual possession of suit property - However, merely because plaintiff was residing separately does not mean that she has no right over suit..........
Partition suit -- Co-sharers - Execution of sale deeds in joint name of both plaintiff and defendant itself has been admitted by defendant - However, defendant has taken two contradictory pleas i.e. one that he is in exclusive owner in possession of suit property and the other, that he has become owner of suit property on basis of adverse possession - Plea of adverse..........
Will -- Due execution - Scribe and one of attesting witness examined - DW1 testified in detail, the manner in which testator had signed Will in his presence after understanding contents thereof and that DW1 had signed Will as witness in presence of testator - Similarly, DW3/scribe of Will proved that he had read over contents of Will to testator and after accepting the..........
Will -- Proof of - Plaintiffs utterly failed to produce any cogent evidence that Will in question was a result of fraud, inasmuch as none of witnesses examined by plaintiffs were present at the time of execution of Will so as to prove that in what circumstances, Will was executed - Rather, Courts below have rightly observed that mere fact that Will in question is a..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has ordered civil imprisonment on account of failure of petitioner to honour decree for recovery of amount - However, Executing Court has not adverted to the fact that petitioner claims exemption u/s 60(1)(ccc) CPC - Impugned order set aside - Executing Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Suit filed after a lapse of 28 years from the date of execution of agreement - Plaintiff stated in his plaint that he continued to pursue the agreement but on denial of defendants registered notice was given to them in the year 2020 - He thus, created cause of action for..........
