Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Suit for recovery of possession of let out building - Destruction of building - Not a ground to dismiss execution petition - Even if the building is destroyed, landlord is entitled to recover the land in which building existed...........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act - There is no question of finding out the intention..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Substitution of L.R's - Execution - O.22.Rr.3, 4 CPC is not applicable to execution proceedings - Execution once started within time would not abate due to death of a party or for want of substitution of heirs and LRs, rather it remains pending with no progress until and unless someone as heir or LR of party comes on..........
Indian Contract Act, 1872, Section 10 -- Contract - Evasion of stamp duty and registration fee - Contract itself providing for execution of sale deed in accordance with law - Agreement cannot be said to evade stamp duty or registration fee...........
Will -- Proof - Will duly proved by so, i, law of scribe as scribe died - He identified the signatures of scribe as he was very well acquainted with his signatures - Attesting witnesses deposed that Will was scribed by scribe on the asking of testator and that testator was in his senses and was mentally stable at the time of execution of Will and that testator thumb marked..........
Negotiable Instruments Act, 1881, Section 118(a) -- Pronote - Presumption - Suit for recovery - In the instant case, plaintiff is involved in money lending business without obtaining any licence under Money Lender`s Act and defendant admits his signature on pronote and receipt but with a rider that signatures were obtained on blank paper in fiduciary relationship -..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Auction sale - Objections - Respondents/objectors not in possession of suit property prior to passing of decree - Predecessor of respondents was party to sale certificate which respondents never challenged - Suit was duly contested by original defendants for a long period of 30 years - It cannot be said that..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objection by sub-tenant - Sub-tenants in wrongful possession of suit property has successfully dragged the proceeding for more than three decades by taking undue advantage of procedural complications - Frivolous defences and frivolous litigation is calculated in the case - Long litigation which..........
Arbitration and Conciliation Act, 1996, Section 11(5) -- Appointment of sole arbitrator - Adjudication of all outstanding disputes between two corporations through arbitration is necessary particularly, when alternative to such arbitration is a long drawn expensive and cumbersome trial of suit filed by appellant before a Civil Court and difficulties that beset the..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Dispute as to execution of MOU - High Court ought to decide the question of legality, validity and genuineness of agreement/MOU by itself - High Court was not justified in directing arbitrator to decide said question - Direction issued by High Court directing arbitrator to decide said..........
