Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Verification - Absence of - Held, an opportunity has to be granted to the applicant for rectifying the defect...........
Specific Relief Act, 1963, Section 20, Partition Act, 1893, Section 4 -- Applicability - Provision does not bar suit or decree for specific performance - S.4 applies when after execution of sale deed, a party applies for partition...........
Will -- Execution - Proof - None of attesting witnesses examined - Will not proved...........
Will -- Execution - Proof - No attesting witness examined - Execution cannot be said to have been proved...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Claim of future mesne profits in execution proceedings - Decree holder did not pray for grant of any future mesne profits in plaint nor Court granted the same - Executing Court cannot direct enquiry into future mesne profits...........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Once the execution of the cheque is not denied, it shall be presumed u/S.139 of the Act that the cheque was issued by the accused in discharge of the liability - By merely stating that the cheques were given as security in respect of the agreement entered into between the complaint and her brother even..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Detention order passed against the petitioner on the ground that he heavily over-valued the consignment of goods for export to fraudulently avail benefit under the DEPB Scheme - Nothing on record to show that petitioner indulged in any activity, which..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Courts have necessary power to entertain grievance against any detention order prior to its execution, where the courts are prima facie satisfied that: (i) the impugned order is not passed under the Act under which it is purported to have been passed...........
Evidence Act, 1872, Section 58, 68 -- Sale deed - Proof - Execution admitted by executant - Further proof is not required...........
Agreement to sell -- Specific performance - Suit for - Purchaser in possession of property as tenant is liable to pay rent to owner - Title of property continues and vests with the seller even after execution of the agreement of sale and owner is entitled to receive profits of the property till title or ownership is lost. (Transfer of Property Act, 1882, S.55(3)...........
