Will -- Suspicious circumstances - Husband of beneficiary accompanying testator at time of execution of Will - Held, this fact by itself, in the absence of any allegation or evidence, cannot lead to the inference that he had exerted any pressure on testator to execute the Will...........
Consumer Protection Act, 1986, Section 25 -- Execution proceedings - Two properties of the non-applicant respondent put to auction and Rs.60,00,000/- realised - Execution in question could not be disposed of as a winding up petition under Company Act pending before the Company Judge in which interim order passed not to release/disburse any amount - Application by Income..........
Housing allotment -- Delay in delivery of possession - Compensation - Complainants allotted houses under self financing scheme and paid the requisite amount in time but possession delivered late - The notification granting exemption in getting the sale deed executed and registered in respect of the superstructure withdrawn by Government - The act of delivery of possession..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution subject to payment of Rs.15, 000/- per month in addition to the contractual rate of rent - Tenant as per Delhi Rent Control Act does not include a person against whom an order or decree for eviction is passed -..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution - Contractual rent Rs.371.90 since 1944 - Premises situated in prime commercial locality - Tenant directed to pay Rs.15, 000/- per month as charges for use and occupation during pendency of appeal - No fault can be..........
Criminal Procedure Code, 1973, Section 188 -- Offence committed by Indian citizen outside India - Court where complaint is filed and accused either appears voluntarily pursuant to issue of process or is brought before it in execution of warrants is the competent Court u/s 188 Cr.P.C. as that Court would find accused before him when he appears...........
Civil Procedure Code, 1908, Order 21, Rule 2(2) -- Eviction decree - Execution - Fresh lease during pendency of execution outside Court - Fresh least amounts to adjustment or satisfaction of decree - Application for recording of compromise must be made within 30 days of execution of fresh lease - In absence of recording of compromise, landlord is entitled to have decree..........
Limitation Act, 1963, Article 136 -- Execution - Third application filed beyond period of limitation - Cannot be said to be in continuation of the previous two application when the first application was dismissed for non prosecution and second application was dismissed for non filing of process fee - Held, third application filed beyond limitation is not maintainable and..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Sale deed - Execution by Court - Executing Court is competent to refer to pleadings, if circumstances warrant for understanding the decree - Suit decreed directing plaintiff to pay balance of consideration agreed after giving credit to amount paid as advance and the amounts due as on the date of filing of suit under two..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Sale deed - Execution by Court - Draft of sale deed furnished by D.H. in execution of decree - J.D. remained exparte - Draft sale deed therefore not served on J.D. - Sale deed executed and registered - Rule 34 requires the Court and not the D.H. to serve the draft sale deed on J.D. - Object of service is to enable J.D. to..........
