Civil Procedure Code, 1908, Section 47 -- Execution - Jurisdiction of Executing Court - Limited and narrow - Cannot be equated with that of an Appeal or Review...........
Civil Procedure Code, 1908, Section 47 -- Execution - Condition of deposit - Executing Court has no right to extend the time for deposit - When condition of deposit is not complied with within the time stipulated then Executing Court has no alternative but to give effect to the consequences of default...........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court cannot set aside the decree on ground of any illegality or that it is vitiated by errors of procedure - An erroneous or an illegal decree can be set aside only if party aggrieved by it invokes the remedies prescribed in law to impugn and challenge it...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Transaction and handing over of cheque totally denied - Veracity of the prosecution case as to transaction and execution of cheque has to be examined in reference to the materials tendered by the prosecution...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution denied - Burden is on the complainant to prove that the instrument was duly executed by the maker...........
Agreement to sell -- Specific performance - Ready and willing - Suit filed within one month of the expiry of time fixed for execution of sale deed - Held, where suit is filed promptly, then it is the manifestation of the willingness and readiness of a plaintiff to perform his part of agreement. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Does not require registration when possession is not delivered at the time of execution of agreement to sell. (Registration Act, 1908, S.17)..........
Agreement to sell -- Registration - Recital in agreement that possession of suit land is delivered - In absence of evidence that possession was delivered at the time of execution of agreement to sell it cannot be held merely on the basis of recital in the agreement that possession is proved to be delivered. (Registration Act, 1908, S.17)...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - `Any person' - Includes all persons resisting the delivery of possession, claiming right in the property even those not bound by the decree, includes tenants or other persons claiming right on their own including a stranger...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - J.D. has to show that the decree was ex facie nullity - Executing Court is precluded from making an in-depth scrutiny as regards the entitlement of the plaintiff with reference to not only his claim made in the plaint but also the defence set up by the judgment-debtor - Executing Court can neither reopen..........
