Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections U.O.21.R.97 CPC - Rejection - Order neither perverse, nor suffering from any error apparent on face of record - Order not causing failure of justice - Writ petition against order is untenable...........
Criminal Procedure Code, 1973, Section 482 -- Sale of property by impersonation - When there are serious allegations of fraud and impersonation, a criminal case cannot be shut out on the ground that the dispute appears to be of civil nature - Execution of sale deed by impersonation is a very serious matter...........
Agreement to sell -- Specific performance - Execution of sale deed at the market price prevailing on the date of judgment - Modification of direction - As far as alleged transfer of rights in the suit property to third party at the time of passing of order in appeal is concerned the same cannot be a legitimate basis of any modification of judgment when at the time of..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Non-payment of rent - Order of assessment of provisional rent - Validity - False plea taken by petitioner-tenant that there being no relationship of landlord and tenant between parties - Respondent-landlord placed on record copy of suit in which petitioner-tenant has categorically admitted execution of a rent..........
Land Acquisition Act, 1894, Section 5A -- Scope - (i) The rule of audi alteram partem engrained in the scheme of S.5A of the Act ensures that before depriving any person of his land by compulsory acquisition, an effective opportunity must be given to him to contest the decision taken by the State Government/competent authority to acquire the particular parcel of land; (ii)..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19(9), Companies Act, 1956, Section 529(1)(c) - - Execution of recovery certificate - Sale of assets of debtor-company - Procedure for - Held, relevant date for arriving at ratio at which sale proceeds are to be distributed amongst workmen and secured creditors of company is date of winding up..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19(19), Companies Act, 1956, Section 529(1)(c) - - Execution of recovery certificate - Sale of assets of debtor-company - Procedure for - Explained in detail...........
Will -- Execution - Proof - A Will is required to be attested by two witnesses but it can be proved by examining one of the attesting witnesses - However, one of the requirements of due execution of a Will is its attestation by two or more witnesses, which is mandatory - Aid of S.71 Evidence Act can be taken only when the attesting witnesses who have been called, deny or..........
Will -- Testator 40 years of age at the time of execution of Will - It was stated in the Will that testator was getting old - Such a statement by a person always depend upon the perception of the person concerned about the condition of his or her health - More so, in the instant case testator had strained relations with her husband and she wanted her property to be..........
Will -- Production and reliance on the Will after 35 years subsequent to its execution - No dispute as to signatures of testator on the Will and her wishes are clear - It is only when the properties bequeathed under the Will had to be protected, that the will was required to be produced and relied upon - A Will is required to be acted upon, only after the testator passes..........
