Civil Procedure Code, 1908, Section 47 -- Execution of decree - Interest rate - Objection that rate of interest decreed by the court @ 18% p.a. is exorbitant and violates Section 34 of the Code repelled - Any interference with the decree would amount to going behind the decree which is impermissible in law - Such a course is prohibited by Section 47 of the Code...........
Civil Procedure Code, 1908, Section 47 -- Execution of decree - Framing of issues - If there are serious objections requiring proof of facts to resolve the controversy, the executing Court is free to frame issues and then proceed with the executions - No illegality by executing court by refusing to frame issue where objections are frivolous and did not require holding an..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3 -- Execution of compromise decree - Benefit thereunder - Benefit under decree cannot be defeated merely by death of decree holder - However, decree granting personal benefit for a specific purpose may be executed for that purpose only - Compromise decree in matrimonial dispute -..........
Ink -- Age - Cannot be determined on the basis of the writing - Ink if manufactured five years before the date of the execution of the document then instead of resolving the controversy it would create confusion. (Civil Procedure Code, 1908, O.26.R.10-A)...........
Civil Procedure Code, 1908, Order 21, Rule 66, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution - Exparte decree - Execution - Sale of property during pendency of application to set aside ex parte decree - Held, once there is an application for stay of execution proceedings in an application for setting aside ex parte decree, trial Court should not proceed to sell..........
Limitation Act, 1963, Article 58 -- Not applicable where plaintiff in possession - Cause of action to seek declaration that plaintiff is owner in possession - Does not arise on the date of execution of sale deed and/or mutation - Cause of action would arise only when there is any threat to title of plaintiff - Mere wrong entry of mutation - Does not furnish any cause of..........
Agreement to sell -- Suit for specific performance - Agreement to sell executed by old, illiterate and rustic villager - Position of such a lady is not better than a pardanashin lady - Execution of agreement by such a lady has to be examined with extra caution and all suspicious surrounding the execution shall have to be dispelled by the person alleging such execution...........
Evidence Act, 1872, Section 101, 102, 103, 104, 111 -- Execution of document by old, illiterate and rustic villager who is a widow - Position no better than a pardanashin lady - Observations made by Supreme Court in Smt.Kharbuja Kuer's case AIR 1963 S. C. 1203 Applicable - Burden to establish that document executed after clearly understanding nature of transaction - Rests..........
Transfer of Property Act, 1882, Section 3(d), 3(f) -- Effect of agreement to sell on tenancy, whether relationship of landlord and tenant between the parties comes to end - Mere execution of agreement to sell does not terminate relationship of landlord and tenant between the parties nor it will amount to merging of tenancy right into larger right of prospective vendee -..........
Transfer of Property Act, 1882, Section 53A -- Protection to tenant continuing in possession after execution of agreement to sell - Tenant must show - (i) that he continued to possess the property not in the capacity of a tenant, (ii) done some act in furtherance of agreement to sell - Mere execution of agreement to sell does not confer any right or interest in..........
