Civil Procedure Code, 1908, Order 21, Rule 66, 64, 90 -- Execution - Sale proclamation - If no notice is serviced on J.D. U.O.21.R.66(2) and/or no sale proclamation is drawn up which makes the Court sale a nullity being void, it came within the scope of S.47 of the Code being pre-sale illegality - However, mere non application of mind while drawing up sale proclamation..........
Civil Procedure Code, 1908, Order 21, Rule 64, 90, Limitation Act, 1963, Article 127 -- Execution - Non compliance with provision of O.21.R.64 CPC as to the sufficiency of sale of portion of property - Petition to challenge sale has to be filed within 60 days from the date of sale under Art.127 of Limitation Act as it is a post sale illegality or irregularity falling under..........
Consumer Protection Act, 1986, Section 25, 27, Civil Procedure Code, 1908, Section 47 -- Execution proceedings - Application filed by the appellant before District Forum u/s 47 CPC - Held that the provisions of Section 25 and 27 CP Act do not provide for taking recourse to the provisions of Section 47 CPC...........
Housing -- Hire Purchase allotment - Conversion into outright purchase - Non - execution of sale deed after collecting the entire sale consideration - By production of the documents and even by the admission made by the OP's the complainant has made out a case, that the OPs have not only failed to execute the sale deed, having collected the full tentative final cost, but..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Sale agreement - Cheque issued to refund payment of earnest money in eventuality of sale agreement not materialising - No evidence of execution of sale agreement - Eye witness to the sale agreement also not produced - Held, cheque was not issued for discharge of any liability - To establish his..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of money on the basis of pronote and receipt - Trial Court dismissed the suit holding that there was no pleading regarding execution of pronote and receipt and thus ignored the statements of both the attesting witnesses of the document being beyond pleadings - First Appellate Court reversed the..........
International Commercial Contract -- Work entrusted to contractor by company - Execution of work given to sub-contractor within the knowledge and consent of company - Contractor reimbursed the tax liability of sub-contractor of the tax amount paid because of change in Income Tax law in India with retrospective effect, after the completion of bid - Held, there was nexus..........
Registration Act, 1908, Section 47 -- Sale deed - Registration - Title passes retrospectively with effect from the date of execution and not from the date of registration...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence - Permissibility - Two Courts below recorded a finding of fact that execution of Will has been duly proved - Held, in second appeal evidence cannot be re-appreciated unless it is established that view taken by two Courts below is perverse and is not at all possible from the evidence on..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Suit for specific performance - Suit decreed for alternative relief for recovery - Objection petition by L.R's of J.D. that sole residential house is exempt from attachment and sale - Held, protection u/s 60(1)(ccc) is available to J.D. and not the legal heirs of J.D...........
