Agreement to sell -- Suit for specific performance - Oral evidence - Written contract is on record where defendant admitted the receipt of Rs.19,00,000 - Oral statement of attesting witness of agreement to sell to the effect that at the time of execution of agreement to sell only Rs.9,00,000 was paid as earnest money and not Rs.19,00,000 cannot be accepted, particularly..........
Tender -- Bid - Letter of Intent (LOI) - Non-compliance of obligations under LOI by successful bidder - Period for execution of contract was one year - Respondent/successful bidder worked at the site for a little over month - No amount was paid for work done - Respondent failed to comply with their obligation under LOI - Failure of successful bidder to comply with..........
Transfer of Property Act, 1882, Section 123 -- Gift settlement deed - Unilateral cancellation of settlement deed by execution of cancellation deed is not permissible at the instance of donor, particularly when there is a specific recital in settlement deed that donor has no power to revoke gift deed and even if she cancelled the deed, said cancellation would not be valid -..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Show cause notice was issued and served and JD even appeared and sought time to make payment and thereafter stopped appearing - Although conditional warrant of arrest has been issued, but it is stated that in case payment is made, then JD is not to be arrested and..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property and detention in prison - U.O.21.R.30 CPC, both the procedure with respect to attachment and also detention in prison can be taken against JDs either individually or simultaneously - Even, in a situation where amount is partly recovered by attachment and sale, for recovery of..........
Civil Procedure Code, 1908, Section 50, 52, Order 21, Rule 11 -- Execution - Money decree - Arrest of LRs of JD - Liability of L.R's is limited to assets which actually come to his hands - An order of arrest of L.R's of J.D. is not sustainable...........
Civil Procedure Code, 1908, Order 41, Rule 5(3) -- Stay of execution by appellate Court - Partition decree - Decree appealed is decree in partition suit which only decides right of parties and share and it is not the money decree - Provisions of O.41.R.5(3) CPC thus, not applicable - Impugned order set aside...........
Will -- Suspicious circumstance - Registration of Will after death of testator - Though registration of Will after death of testator has some relevance for doubting execution of Will - But action on part of concerned Sub-Registrar who registered Will after death of testator is an act done by official, for which beneficiary of Will cannot be blamed - Will not surrounded by..........
Will -- Due execution - Will executed in favour of grandson/defendant - Defendant examined both the attesting witnesses - Attesting witnesses categorically stated that testator executed Will in their presence and testator put his thumb impression on Will and at that time testator was in sound state of mind - Will in question is registered - There is specific averment of..........
Agreement to sell -- Execution of registered agreement to sell coupled with delivery of possession does not result in transfer of immovable property worth more than Rs.100/-...........
