Civil Procedure Code, 1908, Order 21, Rule 26, Arbitration and Conciliation Act, 1996, Section 26 -- Exparte arbitration award - Execution - Application to stay execution and an application u/s 34 of Arbitration Act to set aside exparte award - Application filed beyond period of 90 days - No misconduct alleged against the arbitrator - Respondent deliberately stayed away..........
Civil Procedure Code, 1908, Section 34, 47 -- Crop loan and loan for purchase of equipments - Failure to repay - suit for recovery decreed with future interest @ 13.35 percent per annum - Execution of decree - Petitioner filed objections alleging that loan was agricultural loan and cannot be treated as commercial transaction so as to attract proviso to S.34 of CPC - Thus..........
Co-ownership -- Partition - To effect division of co-ownership property execution of partition deed is not necessary - Intention of parties can be gathered from release of fractional right by one co-owner in favour of remaining co-owners by executing a release deed...........
Agreement to sell -- Specific performance - Ready and willing - Plea of - Available only to vendor and not to third party who has purchased the suit property after execution of the agreement to sell, who is impleaded as party to suit - Burden of such party is only to prove that he is bona fide purchaser for value without notice of agreement - Failure of third party to..........
Consumer Protection Act, 1986, Section 25 , 27 -- Execution proceedings - Legal representatives - Held that legal heirs of the deceased cannot be proceeded under Section 27 of the Act - However procedure envisaged under Section 25 of the Act can be invoked in respect of the properties of the deceased which is available in the hands of the legal representatives...........
Delhi Rent Control Act, 1958, Section 3, 6A, 8, 8(1), 50, Civil Procedure Code, 1908, Order 12, Rule 6, Delhi Rent Control (Amendment) Act, 1988 -- Termination of tenancy - Suit for recovery of possession of tenanted premises - Appellant seeking protection u/s.50 of Delhi Rent Control Act from bar of jurisdiction of Civil Court - Execution of Lease deed in favour of..........
Will -- Onus to prove is on the propounder - Propounder has to prove the legality of the execution and genuineness of Will by proving absence of suspicious circumstances surrounding the Will and also by proving testamentary capacity and the signature of the testator - Once the same is proved, it could be said that the propounder his discharged the onus...........
Will -- Execution - Will is required to be attested - Therefore, it cannot be used as evidence until at least one of the attesting witnesses is called to prove it provided such attesting witness is alive, and subject to the process of the Court and capable of giving evidence...........
Will -- Execution - Proof - Secondary evidence - One attesting witness and scribe died - Second attesting witness not able to speak or to more - Propounder to lead secondary evidence in order to discharge his onus of proving the Will...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........
