Specific Relief Act, 1963, Section 28, Limitation Act, 1963, Article 54 -- Specific performance - Limitation - For depositing balance sale consideration - Period of 3 years has to be taken as reasonable time, within which a DH in a suit for specific performance could deposit balance sale consideration, particularly when decree sought to be executed did not stipulate any..........
Will -- Proof - Testator and his wife executed Will in favour of plaintiff to the exclusion of legal heirs - Plaintiff though examined scribe and Registrar who registered the Will, however, he failed to prove execution of Will by original owner by examining witnesses - Admittedly, PW2/attestor of Will was examined, but he did not support case of plaintiff - Even then..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Claim of plaintiff is based on promissory note - Acute financial embarrassment is being faced by defendant, as three loans having been availed from three different quarters running into enormous amount after date of execution of promissory note - There are thus, reasonable grounds..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of execution - Revision - Execution proceedings cannot be resisted in revision when main appeal before High Court is yet to be argued either on stay matter or in main appeal - Petitioner has remedy of appeal against appellate decree and judgment to press his application U.O.41.R.5 CPC, if any which decree is..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - Accused admitted his legal liability/obligations towards complainant for an amount of Rs.42,70,000 - Three post dated cheques were issued consequent upon execution of agreement between parties, thereby raising presumption u/ss 139, 118 of..........
Will -- Execution of Will in favour of wife by giving absolute interest - Sale of property by wife - Validity - Testator created absolute unfettered right in favour of wife by virtue of Will - There is nothing in wording of Will which indicates that testator necessarily required any subsequent sale, mortgage or lease carried out by wife to happen with concurrence or..........
Will -- Intention of testator - Expression used in Will by Testator while bequeathing property in favour of wife that `house should be sold and sale amount be divided among my daughter and son' preceded by expression `it is my desire' - Part of Will providing for sale of property during her lifetime and distribution of sale proceeds between children cannot be treated as a..........
Civil Procedure Code, 1908, Section 151 -- Execution - Death of JD - LRs of JD were taken on record by way of allowing application u/s 151 CPC - Provisions of O.22 CPC not applicable to proceedings, question of abatement does not arise - Application filed u/s 151 CPC rightly allowed...........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issues - Not mandatory that formal issues must be framed by execution Court before deciding an execution application or objections filed thereto...........
