Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment of Panchayat land - Eviction order passed - Threat of demolition of house in the garb of execution of orders - Civil Court granted injunction - Once a Court grants injunction and if any other competent authority has granted any right to the contrary, the same has to be kept in abeyance and cannot..........
Specific Relief Act, 1963, Section 34 -- Declaratory suit - Two sale deeds - Sale deed prior in time prevails - At the time of execution of second sale deed vendor had already divested herself of title to the suit properties - Person purchasing property through subsequent sale deed gets no title - Suit rightly dismissed...........
Stamp Act, 1899, Section 47A -- Sale instrument - Determination of market value - Circle rate or Collector's rate as determined in State of Punjab in a manner as laid under Rule 3-A shall form basis for determination of market value - Such rates shall normally be one as exists on the date of execution of sale deed and not on the date of agreement or date of allotment...........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Execution of money decree - Auction sale - Highest bidder failed to pay 25% of the amount, consequent whereupon re-sale was held - By the time proceedings for re-sale were completed, court time was over - Second bidder permitted by the executing court to deposit 25% of the amount on the next day - Held, deposit of 25% on the..........
Civil Procedure Code, 1908, Order 21, Rule 84 -- Execution of money decree - Auction sale - Highest bidder failed to deposit 25% of the amount - Property re-sold on the same day - Fresh proclamation not issued - Held, once the highest bidder failed to deposit 25% of the amount, court was justified in re-selling the property on the same day without issuing any fresh..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for restitution of conjugal rights - Cannot be enforced except by way of attachment of property of the other party or compensation and mesne profits - No person can force a female or his wife to co-habit and establish conjugal rights - If the wife refuses to co-habit, in such case she cannot be forced by a..........
Civil Procedure Code, 1908, Section 60(1), Order 21, Rule 48 -- Execution - Salary - Where any part of the attachable portion of the salary of an employee is under attachment for a continuous period of 24 months, the same shall be exempt from attachment for a further period of twelve months and if such attachment for twenty four months is in one and the same decree, after..........
Registration Act, 1908, Section 17(2)(v) -- Proviso, Article 47 of Schedule 1-A, Transfer of Property Act, 1882, Section 54 - Agreement to sell - Unregistered - Admissibility in evidence - Plea that document is compulsorily registrable as entire sale consideration paid and possession also delivered - Recitals in agreement whereby vendor undertook to execute another..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 10 -- Execution of decree - Arrest and attachment before judgment - Agreement of sale executed prior to order of attachment before judgment - Decree for specific performance in favour of appellant passed in year 2006 - This Court cannot go into validity of proceedings of decree of..........
Will -- Admission - Even in cases where the execution of the Will is admitted, at least one attesting witness of the Will has to be examined to receive the Will in evidence...........
