Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Possession - No provision for grant of police protection - However, executing Court is conferred with power, to order such measures, as are need, to ensure that decree is executed - There is specific power to order removal of obstruction seen if offered by third parties - It cannot be said that executing Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Lis pendens - Filing objections in the execution of decree - After dismissal of objections filing application on similar grounds to set aside exparte decree - Held, application is hopelessly time barred even if benefit of time spent in pursuing the execution proceedings is given to the..........
Civil Procedure Code, 1908, Section 151 -- Additional Evidence - Agreement to sell - Defendant denied execution of agreement - Plaintiff closed his evidence - One of the issues ' whether the agreement is forged, bogus and fabricated ? OPD' - Application by plaintiff for examining handwriting expert to give his report on signatures of defendant on agreement to sell -..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Execution of compromise decree - Compromise which was made part of decree alleged to be created later on and thumb impression obtained - Thumb impression on compromise not disputed - Such objection has to be raised before the Court which passed the decree - Executing Court is bound to comply with and..........
Will -- Beneficiary taking acting part in execution of Will - Where the testamentary capacity of the executor or the genuineness of the Will cannot be doubted, the mere fact that the beneficiary under the Will took active part in its execution is not sufficient to question the validity of the Will...........
Civil Procedure Code, 1908, Section 47 -- Number of time objections to execution of decree can be filed - Decree for possession by way of specific performance of agreement - Objections by JD that decree unexecutable - Dismissed by Trial Court - Not challenged - Sale deed executed through Court - Warrant of possession issued - Again objections filed qua executability of..........
Civil Procedure Code, 1908, Section 47, Specific Relief Act, 1963, Section 28 -- Objection as to rescinding of Contract and/or benefit of construction - Decree for possession by way of specific performance upheld uptill High Court - Fresh construction raised by JD during execution of decree - Suit for permanent injunction by DH restraining JD from raising construction -..........
Execution petition -- As per the Order passed by the National Commission, the Insurance Company was required to pay the remaining amount within 6 weeks from the date of the order - in case of failure it is required to pay the amount with interest @ 10% p.a. from the date of the receipt of the Surveyor's report - Said amount paid virtually after 1 year and 2 months - Apex..........
Execution -- Whether the Court/Commission has jurisdiction to modify the Order which has attained finality - Held No...........
Land Acquisition Act, 1894, Section 23 -- Assessment of Market value - Collector assessed market value of Chahi/Nehri & Gair Mumkin land as Rs. 40, 000/- per acre and Rs. 30, 000/- per acre for Barnai Land - Reference Court relying on sale deed Ex P-6 assessed market value of entire acquired land at the rate of Rs. 82, 353/- per acre - Declined enhancement for the gap of..........
