Civil Procedure Code, 1908, Order 21, Rule 68, 90 -- Auction sale - Setting aside - It is mandatory that sale proclamation shall indicate the value furnished by decree holder and judgment holder as well as by court ascertaining from the office of Sub-Registrar - Non-compliance with such requirement of O.21.R.68 CPC would be fatal to execution proceedings - Sale set aside...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Eviction - Non-payment of rent - Petitioner/tenant was in arrears of rent w.e.f. April 2001 to November 2002 - Execution of lease deed had been duly admitted by petitioner but it had taken up plea that it was result of mis-representation - Petitioner failed to establish said plea - Held, since..........
Civil Procedure Code, 1908, Order 21, Rule 58, 97, 98, 99, 100, 101, 102, 103, 104 -- Execution - Objections - All questions raised by objector have to be comprehensively considered on their merits - O.21.R.103 CPC ordains that where any application has been adjudicated upon u/r 98 or R.100, order made thereon shall have same force and be subject to same conditions as to..........
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161 -- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by..........
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354 -- Death sentence - Delay in execution - Held, prolonged delay in execution of death sentence by itself gives rise to mental suffering and agony which renders subsequent execution of death sentence inhuman and barbaric - Convict is not under a legal obligation to produce evidence of their..........
Criminal Procedure Code, 1973, Section 125, 105 -- Maintenance - Execution - Husband living outside territory of India - Held, it cannot be a reasonable basis for invoking extraordinary remedy u/Art.32 of Constitution inasmuch as provisions of Cr.P.C. i.e. S.105 makes elaborate provision for service of summons in case person summoned by Court resides outside territory of..........
Will -- Execution - It is not necessary that Will should be signed in presence of attesting witness - Mere personal acknowledgement of signature by testator to attesting witness is sufficient - It is also not necessary that more than one witness must sign simultaneously and they can sign at different times on receiving acknowledgment from testator regarding his signatures..........
Limitation Act, 1963, Article 58 -- Suit for declaration, injunction, recovery of arrears of rent - Limitation - Accrual of cause of action - Plea of execution of certain document in favour of defendant taken up by him in an earlier eviction petition - Those documents were found to be forged and fabricated documents - Limitation to file suit for declaration, injunction and..........
Civil Procedure Code, 1908, Section 47 -- Execution - Ambiguity in the decree - In case of any ambiguity in the decree, Executing Court has necessarily to construe the decree so as to give effect to the intention of the parties - Executing Court is even free to refer to the pleadings so as to construe the true import of the decree...........
Agreement to sell -- Specific performance - Decree - Execution - Decree for specific performance is a decree in favour of both the plaintiff and defendant - Decree of specific performance can be executed either by plaintiff or the defendant...........
