Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert - Execution of agreement to sell denied - In such a case plaintiff is not allowed to lead evidence in rebuttal - However, when one attesting witness appears as DW and denies his signatures then it becomes necessary for plaintiff to contradict statement of attesting witness by way of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution - Dismissal for no, prosecution - Inherent powers - Exercise of - Matter was not fixed for hearing and it was fixed for taking some steps - Since no steps were taken Court dismissed execution proceedings for want of prosecution - Held, there is no question of invoking the provisions of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of mandatory injunction - In execution property of J.D. attached and put to sale - As no bidder gave bid for the property of J.D. as such Court ordered execution of decree by arrest of J.D. - Executing Court at the first instance opted for attachment of property of J.D. and when there was no buyer ordered..........
Will -- Execution - Proof - Will 30 years old - Presumption as to its correctness u/s 90 of the Evidence Act applies if it comes from proper custody and demonstrate that it is otherwise free from suspicion. (Evidence Act, 1872, S.90)...........
Will -- Execution of will - Statement of one of the attesting witnesses of the will, recorded in previous suit tendered into evidence - Scribe and Sub Registrar while appearing in the witness box stated that testator had signed/thumb marked the will in their presence and in the presence of other witnesses and they have also signed the same in their presence and in the..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52, Registration Act, 1908, Section 17, 49 -- Lis pendens - Doctrine of - Whether applies to a sale deed executed prior to filing of suit but registered after filing of suit - Held, Yes. - Sale is complete only on registration of sale deed though on registration it relates back to its date of..........
Indian Penal Code, 1860, Section 405, 406, 409 -- Accused Chairman of Maharashtra State Electricity Board (MSEB) - Respondent company entered into contract with MSEB for execution of work - Respondent company deposited Rs 5, 00, 000 with MSEB as security - Dispute having arisen, MSEB adjusted Rs.5, 00, 000/- against dues payable by respondent company - Respondent company..........
Indian Penal Code, 1860, Section 405, 406, 409, 34 -- Accused Chairman of Maharashtra State Electricity Board (MSEB) - Respondent company entered into contract with MSEB for execution of work - Respondent company deposited Rs 5, 00, 000/- with MSEB as security - Dispute having arisen, MSEB adjusted Rs.5, 00, 000/- against dues payable by respondent company - Respondent..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(8) -- Eviction petition - Ground of arrears of rent - Suit decreed ex-parte when tenant not appeared - Tenant filed application U.O.9.R.13 CPC for setting aside ex-parte decree - Question whether tenant was required to deposit arrears of rent at the time he filed application..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. complaining interference by JD in his possession - Executing Court dismissed execution application observing the revenue entries and report of Superintendent of Police do not support possession of DH - Order of executing court set aside - Held, judgment of competent civil..........
