Constitution of India, 1950, Article 226 -- Power of High Court - Writ of mandamus - Grant of police aid - High Court has wide powers u/art 226 of Constitution to enforce its own orders or orders of civil Court - Power to issue prerogative writs, orders or directions is not circumscribed by any limitation of its orders being required to be enforced only in execution..........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Readiness and willingness - Requirement of readiness and willingness to perform the part of contract ought to exist on three occasions: (i) At the time of time stipulated in agreement; (ii) During pendency of suit when plaintiff's action is tested about on his pleadings of readiness and willingness u/s 16(c)..........
Indian Penal Code, 1860, Section 415, 420 -- Cheating - Quashing of complaint - Complaint filed after a period of 12 years of execution of registered sale deeds in question - Complainant neither party to sale deeds nor a member of Society - More so, from the contents of complaint it nowhere reflects that complainant was deceived or he or anyone else was induced to deliver..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Sale of property by attorney - Non payment of sale consideration to the principal - Agreement executed between attorney and principal, outside Court, for return of money - Suit for mandatory injunction to enforce the compromise agreement is maintainable - A fresh cause of action accrues from the date..........
Civil Procedure Code, 1908, Order 21, Rule 58 - - Execution - Claim petition - Executing Court cannot entertain claim petition if execution proceedings have culminated in sale of attached property and a sale certificate is issued by executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103 -- Execution - Third party objections - Third party apprehending dispossession can file objections U.O.21.R.97(1) CPC - Adjudication of claim by Executing Court will be treated as a decree which is appealable - Revision filed against order deciding objections, held, not maintainable...........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Execution of gift deed of joint family property without giving physical possession to donee, is not valid as same is not acted upon by parties...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructionist in order to succeed in thwarting the execution of decree standing in favour of decree holder, must make out a claim concerning his independent right or title over suit property, over and above his possession either at the time of institution of suit or prior to that and..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of adverse possession - Petitioner not able to state any particular date as to when he entered into possession of suit property - Petitioner thus found to have no claim in the eye of law as regards his independent right nor he has right to question the decree passed in suit in which..........
