Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2) -- Arrears of rent - Tenant had deposited Rs.85, 000/- as security which landlord was liability to refund at the time of vacating the premises - When the amount of arrears of rent is smaller than the advance amount held by the landlord on account of tenant, there is no default in payment of rent and the..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution proceedings - Attached property - Order of public sale - Confirmed by Division Bench of High Court - Sale ordered accordingly - Challenge - Plea of sold at lesser price - Could have fetched more price - Plea not taken before High Court - Not even raised at the earliest - Hit by principles of constructive..........
Evidence Act, 1872, Section 92 -- Parole evidence - Exclusion of evidence - Fraud transcends all presumptions - Parole evidence rule, well entrenched in Section 92 - Always subject to a proviso that it does not exclude adducing of any evidence which may prove fraud, illegality, want of due execution and want of capacity etc...........
Consumer Protection Act, 1986, Section 25, 27, Civil Procedure Code, 1908, Section 56 -- Woman - Arrest in execution of money decree passed under Consumer Protection Act - A woman cannot be arrested in execution of a money decree passed under Consumer Protection Act, when decree is executed either by Civil Court or Forum itself - Analogy that a woman can be arrested when..........
Civil Procedure Code, 1908, Order 21, Rule 92(3) -- Execution - Sale of attached property - Challenge to sale by way of separate suit - Barred...........
Will -- Suspicious circumstances - Two real daughter excluded - Nothing on record to show that registered will was not the result of free volition of testator - Testator in a sound state of mind at the time of execution of Will and she had gone personally to the office of Registrar for registration of Will - Testator died after two and half years later - Will duly proved -..........
Civil Procedure Code, 1908, Order 6, Rule 4, Evidence Act, 1872, Section 92 -- Document - Oral evidence to disprove the document - Not permissible - No allegation of fraud or intimidation - No illegality pleaded regarding execution of the same - No quantum of oral evidence can be held to be admissible to contradict or exclude the term of document...........
Civil Procedure Code, 1908, Order 21, Rule 21 -- Execution - Money decree - Simultaneous execution for arrest of J.D. and also to proceed against his property - It is almost a rarity - Even in the limited situations, which permit such a course, discretion is to be used, more to refuse it, than to accord permission...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40 -- Execution - Detention - Before ordering detention of J.D. Court must record finding as to the existence of circumstances stipulated in clause (a) to (c) of proviso to S.51 CPC...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40 -- Execution - Detention - Procedure prescribed in Rules 37 & 40 of O.21 CPC is to be followed before arrest of J.D. is ordered...........
