Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2), 11(3), 11(4)(i), 21 -- Bona fide requirement - Eviction order against tenant - Effect on sub-tenant - Held, order of eviction passed u/s.11(3) even if it is only against original tenant, would ipso facto fasten liability on sub-tenant under tenant to be thrown out in execution of that order of eviction...........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Dismissal in default - Remedy to recall order is available U.O.21.R.106 - However, it does not mean that D.H. has no right to apply afresh if time permits - It is settled law that if two remedies are available, a party can choose anyone of them...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 106 -- Execution - Dismissal in default without going into merits - Subsequent application filed within time - Held, dismissal of first execution application in default without adjudicating any rights of the parties does not operate as res judicata...........
Civil Procedure Code, 1908, Section 37, 38, Order 21, Rule 32 -- Execution - Specific performance - Area where property situated transferred to another District - Held, Explanation to S.37 CPC provides that a Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit or after passing of the..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Specific performance - No time limit fixed in the decree to deposit the balance sale consideration - Held, decree holder is free to deposit it anytime before the execution of the sale deed pursuant to the decree...........
Indian Penal Code, 1860, Section 467, 468 -- Forgery - When a document is executed by person claiming that he is authorized by someone else, execution cannot be said to be false document in terms of S.464 IPC - Thus, if it is not false document than question of committing offence u/ss 467 & 468 IPC does not arise...........
Will -- Suspicious circumstances - Death within 10 days of the execution of Will - Not a suspicious circumstance...........
Will -- Execution - Proof - Pendency of criminal case against attesting witnesses and plaintiff - Not a ground to reject the material evidence adduced in Civil Court to establish the execution of Will - In fact, criminal prosecution was stayed sine die facilitating the termination of the civil case filed by plaintiff on the strength of the very same Will...........
Will -- Execution of a valid Will - Conditions required to be satisfied are : (i) The will must be attested by at least two witnesses; (ii) Each of these - (a) must either see the testator sign or affix his mark to the will or must see some other person sign the will, in the presence and by the direction of the testator, or (b) must receive from the testator a personal..........
Will -- Suspicious circumstances - Scribe none else, but an Advocate who was representing the defendant in this case before the trial Court - One of the marginal witness was given up in the mid of recording of his statement - Thumb mark of testator instead of close to the text matter/contents of the document was on the last page of the document whereas the thumb..........
