Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Police aid can be granted even at first instance so as to ensure quick delivery of possession to the decree holder...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14(7) -- Eviction petition - Bonafide need - Execution of decree - Non-issuance of warrants of possession - Repeated adjourning of execution petitions of decree which are not stayed and which are executable, deprives the decree holders of extremely valuable rights specially in the case of decrees of possession which may be..........
Indian Penal Code, 1860, Section 141 -- Unlawful assembly - There is no whisper either in FIR or final report that there was any show of criminal force, any resistance to execution of any law or commission of any criminal offence etc. - Prima facie from final report and FIR there is nothing to attract offence under any of limbs of S.141 IPC so as to constitute an unlawful..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution of decree - Sale of property - Upset price - Fixation - Property was originally fixed by Court at Rs.30,00,000/- - Upset price may be refixed on basis of valuation report relating to property filed by Advocate Commissioner in another execution petition - Value of entire property was assessed by Advocate..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution of decree - Sale of property - Extension of time - After passing of decree, petitioner had 11 months to pay decree debt but petitioner failed to do so - Nearly a period of 5 years has lapsed after passing decree against petitioner - No sufficient ground to grant her any further time to pay decree debt to respondent..........
Will -- Grant of probate - Execution of Will duly proved - No one challenged said Will or contested grant despite repeated opportunity upon due service and paper publication - Will is not tainted with any suspicious circumstances - There are no issues like undue influence, coercion or fraud being raised at the trial - As regarding contention of defendant that signature of..........
Agreement to sell -- Specific performance - Laches - Defendant contended that suit filed by plaintiff after 33 months from date of execution of an agreement to sell suffers from laches - However, no date, time or period for performance of agreement to sell has been specified - In such circumstances, cause of action in favour of plaintiffs arose when defendants inspite of..........
Agreement to sell -- Specific performance - Defendants did not plead that price of land agreed to be sold have increased and therefore they have suffered prejudice - Therefore, findings of appellate Court that during period of 33 months i.e from date of execution of agreement, prices of land might have increased manifold is erroneous, particularly when entire sale..........
Civil Procedure Code, 1908, Section 151 -- Execution - Dismissed in default - Restoration - Execution petition was adjourned time and again for Commissioner's report - Court dismissed execution petition as DH is not ready - It is thus, clear that dismissal is not U.O.21.R.105(2) CPC i.e. a dismissal for non appearance of petitioner - Application filed u/s 151 CPC for..........
Tender -- Cancellation - Agreement entered into between Corporation and respondent/successful bidder of execution of work under tender - Corporation terminated the contract after successful completion of over one year of two year term - Audi alteram Partem rule having been breached in its entirety - Prejudice is caused to respondent - Cancellation order rightly set aside..........
