Limitation Act, 1963, Article 136 -- Decree for perpetual injunction - Execution - Limitation period - Commencement of - Held, Article 136 of the Limitation Act provides the period of 12 years for execution of any decree or order - Period of 12 years commences from the date when the decree or order becomes enforceable and that an application for enforcement of execution of..........
Evidence Act, 1872, Section 61 -- Execution of document - A person can be said to have executed the document, only when he knows the contents thereof and subscribes his signatures, or puts his thumb impression...........
Registration Act, 1908, Section 34,35,77 -- Registration of a document - Sub Registrar can refuse to register a document if signatory thereof denies its execution by stating that his signatures were taken on blank papers and document was brought into existence...........
Agreement to sell -- Specific performance - Plea that 18 years expired since the execution of agreement and prices increased manifold and comparative hardship to the parties be looked into and that it is not such a case in which discretionary relief for specific performance should be granted - Held, it were defendants who were in haste in unilaterally repudiating the..........
Agreement to sell -- Specific performance - Time not essence of contract - Time for execution of sale deed extended from time to time - Held, it cannot be said that time was essence of the contract...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Respondent still defy the decree of injunction by an express encroachment and user of petitioner's property as a pathway - Petitioner to give details of the Officers, who are responsible for the breach with the names and addresses as well as the property of the State that shall..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97,98,99,100,101,102 -- Execution - Decree of specific performance - Objector claiming to be in possession of property in dispute in his independent right and that he is wrongly dispossessed in execution of decree - Objector has absolutely no independent concern with property in dispute and he was objecting only on..........
Civil Procedure Code, 1908, Order 22, Rule 4, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Rules, 1972, Section 21, Transfer of Property Act, 1882, Section 106 - - Eviction decree - Execution - Impleadment of all legal heirs - Not necessary - Interest of deceased judgment debtor was duly represented by respondent No.1 and 2/4 in execution..........
Civil Procedure Code, 1908, Order 21, Rule 1(b) -- Execution - Execution of sale deed - Payment of the suit amount paid in accordance with O.21.R.1(b) CPC and evidence in writing of J.D. - Execution petition cannot be dismissed - Execution application restored to the file of the Executing. Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Amount of Rs.7,50,000/- was involved - Inconsistent versions of complaint about subject transaction and execution of cheques - Non-mentioning of loan in income tax returns of complainant - Non-production of any bank statement - Non-filing of any books or statements of account -..........
