Civil Procedure Code, 1908, Section 47 -- Execution - Decree passed by Court lacking inherent jurisdiction - Decree is a nullity - Such decree is not executable - Suit required to be filed before Rent Controller by landlord filed before civil Court - Decree passed by civil Court is without jurisdiction - Such a decree not executable as found by Executing Court...........
Evidence Act, 1872, Section 68 -- Proviso - Partition deed - Registered - Proof - Examination of an attesting witness not necessary to prove the execution of a document registered which is not required by law to be attested...........
Evidence Act, 1872, Section 90 -- Documents 30 years old - Presumption as to its due execution and attestation to be drawn - Party who opposes such presumption has to disprove it - If he fails in the attempt to disprove, nothing remains to be done and the Court shall have to presume the proof and validity of the document - In case party opposing disproves by convincing..........
Civil Procedure Code, 1908, Order 21, Rule 76, 79(3), 80 -- Execution - Sale of shares - Restriction on transfer by Articles of Company - Held, Court sale of such shares does not have effect of removing restriction - Company is well within its right to refuse to register transfer of shares in favour of auction purchaser...........
Agreement to sell -- Suit for specific performance - Rs.5000/- paid as advance before execution of agreement to sell and Rs.10, 000/- at the time of registration of agreement - Receipt of Rs.5, 000/- not produced as it was torn - Held, when there is endorsement of Sub Registrar regarding the admission of receipt of Rs.5, 000/- in advance therefore the fact that receipt of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - Death of husband - It is necessary for the Court to consider whether in the facts and circumstances of the case the claim of the wife could be allowed to the extent of arrears prior to the death of the husband - Having failed to do so, the order passed by the Courts below apparently disclosed..........
Negotiable Instruments Act, 1881, Section 118 -- Presumption - Arises only if execution of document is proved - Signature on cheque admitted - Mere admission of signature on document do not prove execution...........
Arbitration Act, 1940, Section 16 -- Arbitration award - Remission of award for reconsideration - Award can be remitted if the arbitrator leaves any of the matters undetermined or a part of the matter which had not been referred to and answered and that part cannot be separated from the remaining part, without affecting the decision on the matter, which was referred to..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5 -- Stay of execution of eviction order - Eviction proceedings under the Act attained finality - Unauthorised occupant not entitled to continue in possession...........
Agreement of repurchase -- Specific performance - Ready and willing - Plaintiff cannot be expected to be in possession of sufficient funds immediately after execution of the agreement of reconveyance - As the period fixed for reconveyance is three years as such it is to be seen whether plaintiff was ready and willing to perform his part of the contract within three years..........
