Registration Act, 1908, Section 17 -- Registration - Transfer of ownership rights in land - There was no antecedent title vested in transferees before execution of document - Rights flowing to transferees because of that document - Document is compulsorily registrable - In absence of registration, document is nullity in the eyes of law...........
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 101, 102 -- Pronote - Burden of proof - Initial burden is always on plaintiff to prove execution of pronote - Once execution of pronote is proved by plaintiff then statutory presumption available u/s 118 of N.I.Act comes into operation in favour of plaintiff - Defendant may also dislodge statutory..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Disobedience of decree for permanent injunction - Apart from his own evidence, no independent witness examined by J.D's to falsify stand taken by D.H. - As more than six years have passed after J.D's were held guilty for wilful disobedience as such order of civil detention modified by..........
Will -- Proof - Will relied on - Absence of specific denial of execution or existence of Will - Question of examining the issue of admissibility of Will pales into insignificance and more so when beneficiary under the Will was not before Court...........
Civil Procedure Code, 1908, Section 39, Order 21, Rule 3, 48 -- Execution - Pending at Hissar - Bank account of one of the J.D's at Chandigarh can be attached for satisfaction of decree...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Is only to be framed in a regular second appeal against a judgment of First Appellate Court and not in execution second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Scope - Provision of O.41.R.33 CPC applies only when first appeal is filed against main judgment and decree - In execution proceedings said provision is confined only to scope of execution proceedings - There is nothing in O.41.R.33 CPC which empowers Appellate Court in execution proceedings to set aside a final judgment and..........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed against dead person - Decree is a nullity - However, it's validity can be questioned in any proceedings including execution proceedings or even in collateral proceedings, whenever such decree is sought..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - Limitation - Execution sought after 30 years of passing of preliminary decree - Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree - Even when application is filed..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - In case parties had affected partition by metes and bounds as per the preliminary decree, it is not necessary to undertake final decree proceedings - However, in the instant case, it is not found to be established that parties have worked out their rights by mutual agreement,..........
