Civil Procedure Code, 1908, Section 39(1)(a), (4) -- Execution - `Any person' - Petitioner who is garnishee, can be termed as `any person' occurring in S.39(4) CPC...........
Civil Procedure Code, 1908, Section 39(1)(a), (4) -- Execution - Transfer of decree - JD and petitioner/garnishee both residing and having its office at Cochin i.e outside the jurisdiction of Court which passed the decree - Amount that is ordered to be sent for execution petition is also lying in the credit of petitioner at Cochin - Decree held, transferred to Court of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objections - Issues - Framing of issues and recording of evidence not essential in each case - Court can frame point of determination but such determination may or may not require recording of evidence - Executing Court, on the basis of the material available on record, coupled with the pleadings of..........
Agreement to sell -- Extension of date of execution of sale deed - Wife has not signed extension of date of execution of sale deed but husband has signed - No communication was sent to plaintiff that wife is not ready to extend date - Not possible to conclude that wife stood absolved or no, signing of endorsement by wife will have any adverse effect on rights of plaintiff..........
Agreement to sell -- Extension of date of execution of sale deed - Wife has not signed extension of date of execution of sale deed but husband has signed - Once one of vendor have signed extension and both are husband and wife, it will be safe to assume that extension of date for execution of sale deed was with consent of wife...........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Readiness and willingness - Petitioner-sellers submitted that pleadings of plaint are not supported by an affidavit - In plaint, plaintiff had approached defendant-sellers to complete their part of agreement to sell but defendants expressed difficulty to hand over physical possession and therefore requested..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Police protection - Decree for permanent injunction - Police protection allowed by executing Court - Order set aside by High Court - Application not liable to be dismissed merely for the reason that it was filed u/s 151 CPC and not U.O.21.R.32 CPC - Order allowing police protection cannot be set..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on a document which had a time gap of 28 years - As and when a person ages, handwriting changes and it is definitely not very wise to compare signature on documents the execution of which had a time gap of 28 years...........
Will -- Proof of - Disputed signatures - Comparison of signatures of testatrix on the Will of 1973 with signatures on the document of 1945 - Not permissible, as both the documents were separated by time gap of 28 years - Moreover, two signatures of testatrix were found on the document of 1945 and which of two signatures was used to compare the signatures on Will by First..........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution - On receipt of application for execution of decree, executing Court is required to ascertain whether requirements of O.21.Rr.11 to 14 CPC, has been complied with or not and in event of no, compliance, duty is cast upon Court to allow said defect to be remedied...........
