Agreement to sell -- Specific performance - Plea of readiness and willingness - A person who denies the execution and registration of sale deed, cannot be permitted to raise the plea of readiness and willingness - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - Executing Court is not bound to frame issues if objections on the face of it are frivolous and vexatious...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........
Will -- Suspicious circumstances - Testator can always alter the line of succession by bequeathing the property to third person but while doing so there has to be a specific reason for the same - Admittedly contents of Will in question do not spell out the intention of testatrix or indicate that what special love and affection she had for plaintiff which led her to not..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Funds insufficient - Legally enforceable debt - Execution of cheques towards liability not denied by accused but he contended that he signed the cheques under coercion and pressure - However, accused did not lodge any police complaint against directors of complainant and others nor he instructed..........
Consumer Protection Act, 1986, Section 13, 27, Civil Procedure Code, 1908, Order 21, Rule 32, Criminal Procedure Code, 1973, Section 251, 262 -- Non compliance of order of District Forum - District Forum to execute the decree and take penal action against the respondents by following the procedure u/s 262 r/w Chapter XX and S.251 of the Code of Criminal Procedure in..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of execution - O.21.R.29 CPC is in aid of doing justice to the parties and has to be exercised only in exceptional cases - Law is otherwise settled that execution of decree is not liable to be stayed, except for justifiable and good ground...........
Will -- Burden of proof - It is the burden of propounder of a Will to show that it was signed by testator, that he was in a sound state of mind at the time, that he understood the contents of document to which he put his signature and that he did so of his own volition - Any legitimate doubts raised in the mind of Court with regard to validity of execution of Will must..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Breach of injunction - Proper remedy is to proceed in accordance with O.21.R.32 CPC by levying execution - Contempt petition cannot be entertained for alleged violation of injunction decree being inexpedient in law - Contempt petition held not maintainable - Petition dismissed with costs...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58 -- Execution - Attachment of property - Objections by third party claiming right, title and interest in attached property - Prima facie appears to have no link with JDs - Opportunity not granted to parties to produce material evidence in support of their respective pleas - Impugned order dismissing objection..........
