Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution petition cannot be rendered infructuous in the absence of objections having been filed at the instance of third party, even having purchased the suit property from JD prior to filing of suit...........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute regarding execution of sale deed - Civil suit is pending between parties - Civil Court is therefore seized of the question as regards legality and validity of disputed sale deed - In such situation it will not be proper to permit..........
Agreement to sell -- Specific performance - Time essence of contract - Sale agreement indicate the intention of parties to treat time bound performance as an essential condition and it was stipulated that in case sale was not executed on date of execution, sale agreements were liable to be treated as cancelled and earnest money was to be forfeited - Even in the legal..........
Agreement to sell -- Specific performance - Intention of parties in agreements spells out plaintiff's liability for obtaining required NOC - Plaintiff has led no evidence to indicate that he took any proactive steps to obtain purported NOC necessary to execute sale deed - Presence of defendants before Sub-Registrar on the date of execution is not disputed - Plaintiffs..........
Civil Procedure Code, 1908, Order 21, Rule 1(4) -- Execution - Amount deposited by JD - Interest - When the deposited amount is withdrawn and gets credited in account of DH, he is not entitled to interest on deposited amount, even when there is failure on the part of JD to issue notice of deposit - In the absence of notice, interest would cease to run from date when amount..........
Agreement to sell -- Specific performance - Limitation - Registered sale deed was to be executed on or before 10.2.1992 and condition of getting land demarcated was not the condition precedent for execution of sale deed - After execution of agreement, first notice was issued on behalf of plaintiffs in the year 2006 whereas suit has been instituted in 2012 - Suit filed..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Secondary evidence declined on the ground that Will was produced earlier in a case and there was forensic report that signatures of testator are doubtful - Said suit was withdrawn and no finding was given by trial Court - Trial Court committed an error by recording that Will is doubtful - Unless the parties are..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Execution - Objections - Defendant had filed objections several times against decree and same was rejected - Even earlier order of dismissing application filing objections attained finality being not challenged by defendant - Present application for filing objections is thus, devoid of merits and..........
Civil Procedure Code, 1908, Section 47, Commercial Courts Act, 2015, Section 15 -- Execution - Objection regarding territorial jurisdiction of Court - Petitioner contended that in view of S.15(2) of Commercial Court Act, execution application was not maintainable before civil Court and it ought to have filed before Commercial Court - However, said plea was neither raised..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Fraud, misrepresentation and undue influence - Gift deed - Plaint did not contain full particulars of alleged fraud, misrepresentation and undue influence except plaintiff pleading that deceased/donor was addicted to alcohol - Plaintiffs are admitting about execution of registered gift deed in favour of defendant,..........
