Evidence Act, 1872, Section 65 -- Secondary Evidence - Agreement to sell - Permission to lead secondary evidence - Execution of agreement denied by other party - No evidence of existance of agreement - No secondary evidence permissible...........
Civil Procedure Code, 1908, Section 151, Order 21 -- Ejectment - Execution of decree - Police Aid - Practice & Procedure - Suit for ejectment filed in 1991 - Decreed - High Court granted time to tenant to vacate premises - Order challenged in SLP - Held - For delivering possession, if the Executing Court requires any armed force to be deputed, the same shall be..........
Evidence Act, 1872, Section 91, 92 -- Fraud - Best evidence - G.P.A. & Sale deed challenged on the ground that agreement to sell was for inferior land but documents for valuable land got prepared - Complaints & F.I.R. lodged after execution of registered G.P.A. - Not relevant - Attesting witnesses of G.P.A. not examined to prove nature of land agreed to be sold - Best..........
Agreement to sell -- Specific performance - Ready and willing - Clear statement in pleading and so reiterated in evidence - Mere fact that suit is filed after three years after the execution of agreement is not sufficient to hold that plaintiff is not ready and willing to perform his part of the contract. (Specific Relief Act, 1963, S.16(c)...........
Civil Procedure Code, 1908, Section 47 -- Execution - In case of any ambiguity it is open to Executing Court to interpret the same by referring to the judgment...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention order - Delay in execution of order - Order passed on 12th February and served on 12th March - Detenu evaded his arrest and absconded - Held, when a person himself evaded service of detention order, it was not open to him to contend that due to long delay..........
Civil Procedure Code, 1908, Order 38, Rule 9, Civil Procedure Code, 1908, Order 21, Rule 55 -- Withdrawal of attachment - Power of Court U.O.38.R.9 does not come to end merely because suit is decreed - Court can exercise its power U.O.38.R.9 even when appeal or execution is pending when sufficient security is furnished...........
Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 9, Civil Procedure Code, 1908 -- Description of suit property - Plaint must disclose identity of property without ambiguity - Identification can be either by way of numbers of Revenue Records or Settlement or survey - Boundaries of property given in plaint not controverted or challenged..........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - To draw presumption under Section 139 of the act complainant has to prove execution and issue of cheque - Admission of signature in a cheque goes a long way to prove due execution - Possession of the cheque by the complainant similarly goes a long way to prove issue of the cheque...........
Consumer Protection Act, 1986, Section 17(b), 25 -- Execution of order - After passing of common order dated 11.06.2002 by State Commission respondent applied to petitioner to offer him an alternative plot as per their policy - Petitioners vide letter dated 18.11.2002 offered plot No.19-SP Sector 45 Gurgaon in exchange to plot No 448 Sector 39, Gurgaon - Respondent did not..........
