Constitution of India, 1950, Article 227 -- Revisional jurisdiction - Execution proceedings - Attachment order - The order passed by petitioner against the judgment debtor specifically set aside - In the decree further ordered that plaintiff respondent would be treated as Laboratory Technician w.e.f 12.7.1982 and decree holder entitled to get salary of post of Laboratory..........
Registration Act, 1908, Section 73 -- Registrar is required to enquire into whether the document has been executed and whether the requirements of law have been complied with - Once the executant admits his signature on the document, it constitutes admission of execution - In case the executant seeks to impeach the validity of the document, sought to be registered, he is..........
Registration Act, 1908, Section 35 -- Execution - Mere denial by some of the parties - Does not render the document unworthy of registration...........
Agreement to sell -- Execution of Will thereafter - A Will executed by a testator comes into operation only after the death of the testator - Before his/her death, testator always enjoy property with all alienable rights - Execution of Will by owner does not divest his/her rights over the property - Execution of Will after execution of agreement is rendered ineffective -..........
Agreement to sell -- Execution of gift deed thereafter - Non acceptance of gift by donees - Not a valid gift - Even if property passed on to donees they are bound to execute sale deed in fulfillment of vendor's obligation under agreement to sell...........
Specific Relief Act, 1963, Section 20, 12, 14, 15, 16, 19 -- Suit for specific performance - Defences thereto - Can be many - Executant of agreement may deny execution or allege fraud and misrepresentation vitiating such execution - In addition to this other grounds as per Ss.12, 14, 15, 16 and 19 of the Act are also available - Subsequent purchasers may also take such..........
Evidence Act, 1872, Section 58 -- Agreement to sell - Admission of execution by executant - When execution of agreement of sale by its executant is admitted, it need not be proved by vendee...........
Specific Relief Act, 1963, Section 20, Evidence Act, 1872, Section 58 -- Agreement to sell - Admission of execution by executant - Co-defendants who claim right and interest in the same property may not challenge admission made by executant though they can oppose specific performance of such agreement of sale on other grounds - They cannot challenge the very execution of..........
Criminal Procedure Code, 1973, Section 433(d), Constitution of India, 1950, Article 226 -- Sentence - Mercy petition - Power of Govt. - Right of accused - Held, no right is vested in accused to insist that execution of sentence imposed on him has to be kept in abeyance till Govt. takes a decision on his mercy petition; because power of commutation vested in Govt. is..........
Civil Procedure Code, 1908, Order 21, Rule 55 -- Execution - Money decree - Removal of attachment after satisfaction of decree - Executing Court to withdraw the attachment and putting of property to auction sale when decree is satisfied...........
