Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court cannot go behind the decree - It must take the decree according to its tenor - Execution Court has no jurisdiction to widen its scope and is required to execute the decree as made...........
Housing -- Junior HIG House - Advertisement - Estoppel - The scheme provided the purchaser would be required to get the sale registered of the plot only and not that of the superstructure - Notification of the State Government under Indian Stamp Act providing for that there is no exemption/reduction in stamp duty in case of HIG houses - Held that any advertisement issued..........
Will -- Execution - Proof - A Will to be valid should be attested by two or more witnesses in the manner provided by provision of S.68 Evidence Act & S.63 of Succession Act and the propounder thereof should examine one attesting witness to prove the Will - The attesting witness should speak not only about the testator's signature or affixing his mark to the Will but also..........
Will -- Execution - Proof - Attesting witness - PW2 examined did not state that testator signed the Will in his presence and stated that he did not know the nature of the document - Held, Will not proved...........
Will -- Mental condition - Testator's mental condition both prior and later to the date of execution of Will is relevant...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Dwelling house - Exemption from attachment - Provision is applicable to money decrees only when dwelling house is not charged specifically and not when execution is made by delivery of the property decreed...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Dwelling house - Exemption from attachment - Decree of specific performance - Sale deed executed on intervention of Court - Execution for possession - Exemption from attachment of dwelling house is not available when decree is executed for delivery of property decreed...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Sale - Property of company - A shareholder has no locus standi to apply for setting aside sale of property of the company on ground of material irregularity or fraud...........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 92 -- Sale - Price is the essence of a contract of sale - Payment of entire price is not a condition precedent for completion of sale - If the intention of parties was that title should pass on execution and registration, title would pass to the purchaser even if the sale price or part thereof is not..........
Consumer Protection Act, 1986, Section 25 , 27 -- Execution proceedings - Order passed by District Forum consequent upon not complying with its order which attained finality as no appeal against the Judgment of the District Forum filed - The order in execution proceedings challenged before the State Commission - The impugned order set aside by the State Commission on the..........
