Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution - Amendment - Change of mode of execution from attachment and sale of judgment - debtor's property to his arrest and detention in civil prison - Amendment sought after expiry of limitation period - Held, as amendment does not alter nature of relief, same is permissible and bar of limitation has no application to..........
Registration of a document -- Registration is merely a notification of the factum of execution of a document evidencing the event of transaction affecting the title qua any person or property - It has nothing to do with the legality of the transaction covered by the document which may be open to challenge by the affected person in appropriate proceedings at proper forum...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - When there is an appeal, period of limitation is to be reckoned from date of appellate decree and not from date of original decree - Decree against defendants 1 & 2 - Defendant No.1 preferred appeal - Held, even if 2nd defendant did not prefer appeal, execution petition filed by D.H. within 12 years from date of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree for perpetual injunction and mandatory injunction - Execution - Shop constructed which was an obstruc-tion to the passage in question - View of High Court that rights of parties were required to be adjudicated under S.22 of the Easements Act was erroneous - De-cree which became final was required to be obeyed and..........
Contempt of Courts Act, 1971, Section 12 -- Execution warrant - Obstruction - Suit filed for demolition of compound wall constructed at Police lines - Decree granted - Warrant issued for demolition - Police Officers obstructed execution of warrant - They took Court Officers to Police Station - After wall was demolished, police had reconstructed wall - Contumacious conduct..........
Will -- Due execution - Is not primarily arriving at a finding of fact, as it has an admixture of law due to the specific requirements of S.63 of the Indian Succession Act, 1925...........
Will -- Due execution - Is not primarily arriving at a finding of fact, as it has an admixture of law due to the specific requirements of S.63 of the Indian Succession Act, 1925...........
Khasra Girdwari -- Entry of 'forcible unauthorised occupation'-Should be avoided-Revenue Officers expected not to take any cognizance of or to give recognition to forcible unauthorised occupation of land owned by others-Must go deep into the matter (ignoring dramatised and stage-managed scenes of spot inspection) ascertaining persons - (i) as rightful claimants, (ii) who..........
Agreement to sell -- Marginal witnesses - There is no legal requirement of marginal witnesses to witness its execution...........
Will -- Locus standi of tenant to challenge-By Will only rights of OK to be affected as she was to inherit the land of IS by succession but she admitted execution of Will by IS in favour of his sisters - Tenants holding land under land owner IS and DK-No right to challenge validity of Will...........
