Specific Relief Act, 1963, Section 20 -- Specific performance of agreement of sale - Time whether essence of contract - Period extended for execution of sale deed when additional amount paid and later on time further extended - Time for execution of sale deed extended at the convenience of parties even on the last date specified in the agreement - Parties never intended to..........
Arbitration Act, 1940, Section 14, 30, Civil Procedure Code, 1908, Section 47 -- Award made rule of Court - Party cannot raise objections during execution proceedings to assail decree as invalid merely on the ground that award was filed into Court beyond time limit prescribed in the Act...........
Arbitration Act, 1940, Section 30, Constitution of India, 1950, Article 136 -- Arbitration award - Award filed into Court - Notice served on respondent - Not contested - Objections u/s 30 not filed - Award made rule of Court - Objections raised during execution proceedings that award decree is not valid - Plea before Supreme Court that award was mock award and he came to..........
Agreement to sell -- Suit for specific performance - Entire sale consideration paid at the time of agreement and possession also delivered - Notice demanding execution and registration of sale deed sent on getting knowledge of subsequent illegal agreement - Receipt of notice refused by defendant - Plaintiff has shown that he was always ready and willing to perform his part..........
Punjab Security of Land Tenures Act, 1953, Section 10A(b), 10B -- Cancellation of allotment made to resettled tenant on ground surplus area passed to heir by inheritance - Land declared surplus and allotted to one `M' and possession given to him - On death of land owner heirs applying for cancellation contending that land had not already been utilised - Concurrent findings..........
Punjab Security of Land Tenures Rules, 1956, Rule 20C -- Kabuliyat or Patta, execution of - Has to be done before tenant put in possession of surplus land - All requirements indicated in Rule 20-C mandatory in character - Second mandatory step required by clause (c) of Rule 20-C taken and possession over surplus land delivered by Circle Revenue Officer as required by Rule..........
Punjab Security of Land Tenures Rules, 1956, Rule 20A, 20B, 20C, 20D - - Surplus land has to be allotted to a tenant already ejected or likely to be ejected for resettlement - After allotment of surplus area to a tenant - Certificate in Form K-6 describing clearly land allotted is issued, copies whereof sent to Patwari concerned as also landowner on whose land tenant is to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - It is the conduct of the party, execution of the document, existence of the original and its lost or destruction are the basic ingredients to be taken into consideration while allowing permission to lead secondary evidence...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence in relation to certified copy of compromise deed alleged to have been entered into between the parties - Basic ingredients to be taken into consideration by Court under Section 65(c) while considering application for permission to lead secondary evidence : (i) conduct of parties, (ii) execution of document, and (iii)..........
Civil Procedure Code, 1908, Section 47 -- Decree - Validity - Can be questioned in execution proceedings only when the Court which has passed the decree is lacking inherent jurisdiction to try such a suit and to pass a decree and not when some mistake was committed either on facts or on law in passing the decree...........
