Bharatiya Nagarik Suraksha Sanhita, 2023, Section 74 -- (Criminal Procedure Code, 1973, S.72) - Arrest warrant - Non-execution of arrest warrant issued against certain police officers - Directions issued in Ganesh Ram vs. State of Rajasthan not been properly complied - Directions issued to summon DGP, Rajasthan to explain why a police officer, despite an arrest warrant,..........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Maintainability - Order rejecting application U.O.21.R.97 CPC filed against execution of eviction decree passed in SCC suit - Said order is revisable u/s 25 of Provincial Small Cause Courts Act - Appeal u/s 96 CPC is not maintainable against such an order - Appeal dismissed...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff already paid Rs.3,10,000 out of total sale consideration of Rs.3,90,000 at the time of execution of agreement to sell - On the targeted date plaintiff proved his presence before office of Sub Registrar - Suit filed within 8 days of second default committed by defendant - Plaintiff thus, was ready..........
Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Death of Judgment debtor during pendency of execution proceedings - LRs of deceased JD to be brought on record - Merely because JD was proceeded against ex-parte, it does not give any right to DH not to bring on record his legal representatives after his death...........
Mahomedan law -- Will - Suspicious circumstances - Merely because attesting witnesses did not know the family of testator, their testimony cannot be disbelieved with regard to execution of Will - Both the Courts below have in categorical terms held that nothing could be brought on record in cross-examination of attesting witnesses - As regarding difference in signature of..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has no where recorded a finding that JD is possessed of sufficient means and is intentionally avoiding to pay decreetal amount - Unless and until, it is found that JD inspite of having been in possession of sufficient means is not intentionally paying decreetal..........
Agreement to sell -- Validity - Self serving evidence of plaintiff cannot be wholly relied upon as evidencing execution of suit agreement...........
