Civil Procedure Code, 1908, Section 47 -- Execution - Objections - An executing court can allow objection to the executability of the decree if it is found that the same is void ab initio and is a nullity, apart from the ground that it is not capable of execution under the law, either because the same was passed in ignorance of such provision of law or the law was..........
Work contract -- Escalation charges - Delay of 35 months in execution of work - Both defendant and plaintiff responsible for delay in execution of work - Plaintiff held, entitled to 50% escalation charges with 6% interest...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence from 1987 - Suit filed in..........
Easements Act, 1882, Section 60(b), 56 -- Irrevocable licence - Licence become irrevocable within the meaning of S.60(b) of the Act, when licensee acting upon licence has executed a work of a permanent nature by constructing a telephone booth upon suit property and further licensee incurred expenses in execution of such permanent work - Since such licence does not come..........
Indian Contract Act, 1872, Section 14 -- Lack of free consent - When plea of lack of free consent is being resorted to by an executant of a document, it pre-supposes the admission of execution...........
Evidence Act, 1872, Section 68, Proviso, Section 14 -- Denial of execution - Plea of lack of free consent to the execution of document on account of presence of any of vitiating elements contained in S.14 of Contract Act, cannot be treated as denial of execution of such a document, within the meaning of S.68 proviso of Evidence Act...........
Indian Contract Act, 1872, Section 14(1) -- Plea of coercion - Suit for cancellation of settlement deed - Execution of document on record admitted by plaintiff - However, its validity is challenged by plaintiff on the ground of lack of free consent - Burden is on plaintiff to prove her case of such coercion - Plaintiff cannot hang on deficiency from part of defendants...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Defendant failed to discharge the burden of proving readiness and willingness on his part to perform the contract by making payment of balance amount of consideration either on the date agreed for execution of sale deed or thereafter till filing of suit - Provision of S.53-A of the Act..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - The only residential house is exempt from attachment...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Challenge - Custody of minor - Award passed on basis of agreement between parties regarding custody of child - Finality is given to agreement by law - Such finality cannot be challenged on ground that application does not contain prayer regarding custody of child - No change of circumstances was..........
