Will -- Suspicious circumstances - Beneficiary of Will did not satte about execution of Will in her favour by her father in proceedings u/s 144 of Cr.P.C. though the said property relates with same property under Will - No explanation given for the same by beneficiary during her cross-examination - Will shrouded by suspicious circumstances...........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not..........
Civil Procedure Code, 1908, Order 21, Rule 32(5), 97, 99 -- Execution of decree of injunction - Powers of Executing Court - Decree of injunction sought to be executed and in the process, a person is threatened with dispossession or is dispossessed - Such person has right to complain as per rules contained from R.97 onwards - More so, he cannot be shown exit door on ground..........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - In order to attract the offence u/s 506 IPC, threat must be with intent: (i) to cause alarm to that person; or (ii) to cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat or; (iii) to cause that person to omit to do any act which that person..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - setting aside - Non fulfillment of terms and conditions of compromise - Entire foundation for challenging the compromise as non est is based on subsequent events that occurred after passing of compromise decree and not on the ground that compromise being vitiated on account of any fraud or..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2) -- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
Constitution of India, 1950, Article 14 -- Appointment for Archaeological Survey of India (ASI) - Tender - Eligibility - As per the record it appears that two years experience is required for primarily working with ASI - In the instant case, petitioner was not eligible in participating in the tender process, as the work he was assigned was not related to him - Even, he..........
Agreement to sell -- Specific performance - Readiness and willingness - Nothing on record suggestive of fact that plaintiff ever expressed his readiness and willingness to defendant with regard to execution of sale deed after payment of balance amount of consideration - Save and except bald statement that plaintiff repeatedly asked defendant to get sale deed executed there..........
Civil Procedure Code, 1908, Order 21, Rule 21, 30 -- Execution - Money decree - Different execution petitions, seeking execution of decree by arrest and detention and by attachment and sale of immovable property are not maintainable at a time, as the execution Court is vested with discretion to execute the decree in single execution petition alternatively by proceeding..........
Legal Services Authorities Act, 1987, Section 22E(4) -- Award of Permanent Lok Adalat - Cannot be called in question in any original suit, application or execution proceedings...........
