Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4 -- Abatement - Execution - Provisions of O.22.Rr.3, 4 CPC do not apply to execution proceedings - There would be no abatement of execution proceeding, as no limitation has been prescribed for substitution of JDs - JDs can be brought on record at any stage of proceeding and if any time frame is provided by executing Court..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 6 -- Accident - Claim petition - Condonation of delay in filing appeal by minor on attaining majority - Provision of S.6 of the Act applies only with respect to a suit or an application for execution of a decree and not to an appeal or any other proceedings...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint Family coparcenary property - Plaintiff failed to prove that suit land was joint Hindu family coparcenary property - Scanty revenue record was produced by plaintiff which by itself does not establish version of plaintiff - Execution of Will in favour of defendants stands..........
Agreement to sell -- Specific performance - Ready and willing - Once defendant asserted that plaintiff was neither ready nor willing to perform his part, plaintiff was atleast required to prove on record that he had capacity to pay balance sale consideration of more than 23 lakhs on agreed date for execution of sale deed - Plaintiff failed to bring on record any cogent..........
Agreement to sell -- Specific performance - Ready and willing - Continuous readiness and willingness on the part of buyer from the date of execution of agreement to sell till the date of decree, is a condition precedent for grant of relief of specific performance...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Revision - Executing Court has power to stay execution proceedings only for a limited period of time in terms of O.21.R.26 CPC...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Before ordering detention of JD for execution of decree Court has to conduct enquiry as mandated U.O.21.R.40 CPC r/w S.51 CPC by recording a finding as to means of JD to satisfy the decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
Transfer of Property Act, 1882, Section 105 -- Lease deed - Execution of lease deed by one co-owner whereas other co-owners witnessed the lease deed - Co-owners who have witnessed the lease deed do not become confirming parties - There is huge difference between executing a particular document and being a witness to the same document - Witness does not in any manner agree..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Lok Adalat award - Execution - Lok Adalat award concerning criminal case u/s 138 of the Act is executable by Civil Court in case of default committed by Judgment Debtor...........
