Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Questions pertaining to right, title or interest in the property arising between parties and claim of a stranger who apprehends dispossession or has already been dispossessed from immovable property - Executing Court to adjudicate the lis and the purpose is to avoid..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Execution - Objections - Dismissal in default - Restoration - Objections remained pending for two years and on date counsel appearing on behalf of petitioner failed to appear and objections dismissed for no, prosecution - Interest of party should not suffer for misdemeanor or inaction of his counsel as petitioner is sanguine..........
Agreement to sell -- Specific performance - Defendant contended that agreement was forged and fabricated document but failed to prove the same - He did not even examine any expert to compare the disputed signatures on agreement with his standard signatures - Plaintiff on the other hand proved due and valid execution of agreement - Plaintiff rightly entitled to relief of..........
Police Protection -- Trespass into property after eviction in execution of decree - Petitioner cannot be driven again to Civil Court for recovery of possession of his property - Police protection granted with direction to restore possession and to ensure maintenance of law and order situation - If necessary respondents be evicted by force...........
Hindu Marriage Act, 1955, Section 24, 28A -- Maintenance pendente lite - Non payment - Defence of said spouse is liable to be struck off even when remedy of execution of decree or order passed by matrimonial Court is available...........
Agreement to sell -- Execution - Agreement signed by vendor only - Agreement to sell is a bilateral document - Genuineness of agreement becomes doubtful and more so when it is attested by a minor, who is incompetent to be marginal or attesting witness to a deed...........
Agreement to sell -- Execution - Agreement signed by vendor only - Attesting witness a minor, who is incompetent to be a marginal or attesting witness - Scribe deposing that no advance sale consideration was paid in his presence and vendor and marginal witnesses did not sign in his presence - Blank signed paper was given to scribe and agreement was written at the..........
Agreement to sell -- Specific performance - Suspicious circumstances - Plaintiff failed to prove all the aspects and there is no satisfactory evidence about the execution of agreement, payment of consideration, delivery of possession and terms of contract - There is strong suspicion about stamp paper on which agreement was executed - Scribe of agreement not examined -..........
Will -- Proof - Merely narrow space in two lines and double signature on one page itself would not be sufficient to suspect the execution of Will...........
