Civil Procedure Code, 1908, Order 21, Rule 1,2 -- Execution - Parties are governed by decree and not by the account maintained by the decree holder whether it is a bank or a private individual...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of money - Summary suit - Limitation - Under agreement dated 18th August, 2006, Defendant had agreed to pay the amount within 30 days from the date of said agreement - Period of 30 days expired on 17th September, 2006 - Suit was filed on 15th September, 2009 - Held, cause of action to file a suit would have commenced..........
Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Conviction - Execution of cheque not in dispute - Plea taken by accused that no legal debt payable by him as cheque in question was issued as security - Plea falsified by DW1 who categorically stated that accused took loan from the complainant - Revision dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Specific performance - Agreement to sell - Defendant agreed to sell suit property to plaintiff for total consideration of Rs.73,000/- and received entire sale price and executed agreement - Actual possession of suit property also delivered to plaintiff at the time of agreement - Execution of impugned agreement duly..........
Will -- Execution of Will duly proved - However, Will surrounded by suspicious circumstances - Held, Will cannot be described as a genuine document...........
Criminal Procedure Code, 1973, Section 482, Consumer Protection Act, 1986, Section 27, Companies Act, 1956, Section 5 -- Complaint against Director of Company alleging deficiency of service - On death of such Direction execution proceedings initiated against petitioner, daughter of Director who was also one of the Directors for non compliance of order of Consumer Forum -..........
Indian Penal Code, 1860, Section 420,467,471 -- Cheating and forgery - Agreement to sell - Seller not executing sale deed despite receiving earnest money - FIR lodged by purchaser - FIR quashed - Held, it gives rise to dispute of purely civil nature - Question of execution of sale deed or otherwise cannot be gone into by police or criminal Court - Only civil Court has..........
Agreement to sell -- Specific performance - Relief of possession - Relief of possession may be claimed even at the stage of execution proceedings by getting the plaint amended...........
Civil Procedure Code, 1908, Order 45, Rule 15, Supreme Court Rules, 1966, Order 13, Rule 5, 9 -- Execution of Supreme Court's original decree - Procedure for - Held, on construction of O.13.R.5 and 6 of the Supreme Court Rules 1966 together with O.45.R.15 of CPC, registry of Supreme Court was required to transmit original decree to registry of High Court - The use of the..........
Civil Procedure Code, 1908, Section 39, Order 21, Rule 54 -- Execution of decree - Held, court cannot execute a decree against a person or property situated outside the jurisdiction of court which passed decree ...........
