Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Where no period, time or date for execution and registration of sale deed is stipulated by parties while executing agreement to sell, limitation would begin to run only if plaintiff has a notice of fact that performance has been refused as per second part of Art.54 of the Act...........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Executing Court wanted to issue fresh attachment and notice U.O.21.R.54 CPC to avoid any objections and defects in sale of suit property to be conducted in Court auction - Court thus, directed JD to furnish his correct residential address with door number by way of affidavit, failing..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Compromise arrived at between parties and accordingly compromise decree was passed in 2009 - Plaintiffs are still fighting for execution of same - Original plaintiff and defendant already expired and their LRs are fighting for execution of decree - Plaintiffs have not agreed for giving any..........
Mohammedan Law -- Oral gift - Plaintiff on basis of oral gift executed by her father-in-law sought ownership of suit property - However, prior to execution of said oral gift father-in-law of plaintiff had already gifted suit property to his wife, who further alienate the same to her daughter - Suit property was never in the hands of father-in-law of plaintiff at time of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed in favour of defendant is null and void - Plaintiff contended that gift deed in question is forged, as original owner was not alive at the time of execution of gift deed - However, no evidence produced in support of such fact - Story as implanted by plaintiffs has not been found believable by fact..........
Electricity Act, 2003, Section 81, Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations 2005 -- Regn.9.2.1 - Electricity - Reduction of sanctioned load - Respondent applied several times for enhancement of electricity load by agreements - Application for reduction of load was rejected on the ground that application was filed before expiry..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 582 days in filing application - Defendant was duly served with summons in suit and had appeared - He failed to state that after becoming aware of passing ex parte decree on 18.7.2019, what steps were taken by him to seek setting aside..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
