Civil Procedure Code, 1908, Order 22, Rule 12 -- Abatement - Execution proceedings - Normal principle arising in a suit before decree is passed that LRs are to be brought on record within a particular period and if not, suit could abate is not applicable to cases of death of DH or JD in execution proceedings...........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Readiness and willingness - Once defendant nos.2 & 3 have gained knowledge of fact that plaintiff no.2 & 3 are actual intended purchasers and thereafter applied for getting permission to sell in their..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Money suit - Recovery of misappropriated funds - Maintainability of - Employee of bank fraudulently mis-appropriated funds - Bank employee is not in business activity with bank as required for definition of `debt' u/s.2(g) of the Act - Therefore, execution proceedings before Tribunal..........
Indian Penal Code, 1860, Section 304(Part1), 302, 325, 147, 148, 149 -- Nature of offence - Deceased was brutally beaten black and blue with extensive injuries all over his body, including contusions, lacerated wounds and multiple fractures of various bones and ribs - Manner of execution of its object by assembly with dragging of deceased by legs and merciless thrashing,..........
Agreement to sell -- Subsequent bonafide purchasers - Subsequent purchasers had no relationship with vendor or co-vendors - No evidence on record that co-vendor ever challenged sale deed in favour of subsequent purchasers - Subsequent purchasers had no knowledge of agreement to sell in favour of plaintiff before execution of sale deed in their favour - Payment of sale..........
Agreement to sell -- Validity - Register of Notary public - Notary public produced by plaintiff who has produced his register showing defendants were present at the time of execution of agreement in question - Although attestation by a Notary Public may not be of any legal requirement for validity of agreement to sell, however, attestation shows that endorsement of Notary..........
Agreement to sell -- Specific performance - Plea of hardship - Defendants after taking earnest money, had put said amount in Bank Account - Therefore, defendant No.1 was not under any pressing necessity or any personal hardship at the time of execution of alleged agreement to sell - More so, defendants were selling land in the village as well in other village, there is..........
Indian Contract Act, 1872, Section 56 -- Frustration of contract - Agreement to sell - Specific performance - Defendant contended that process of acquisition of suit land is initiated - However, trial Court already passed the decree for execution of sale deed in favour of plaintiff - At that time there was no notification for acquisition of land in question - Notification..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Scope - O.21.R.32 CPC deals with twin situation (i) regarding execution of decree and if decree of injunctions is otherwise not executable then to resort to civil imprisonment or attachment of property of judgment debtor; (ii) violation of decree passed by trial Court - To claim any violation of decree specific..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Objections - Plea of petitioner is that to seek execution of decree qua restoration of possession in his favour, decree holder was supposed to plead specifically as to when and in what manner he has been dispossessed - Plea held, not tenable as O.21.R.32(5) CPC does not prescribe any such condition, rather..........
