Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution Court dismissed execution application by observing that decree was conditional, amount was to be paid within one month but no amount was deposited even though application was submitted, therefore decree cannot be executed - High Court affirmed the view of execution..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Delivery of possession - Decree attained finality and sale deed of subject land already executed in favour of DH - Once title has been conveyed denial of possession would render decree itself ineffective and frustrate the very purpose of granting specific performance...........
Agreement to sell -- Specific performance - Sale deeds executed by defendants in favour of third parties during pendency of litigation are certainly hit by doctrine of lis pendens and are non est - Plaintiffs have got sale deed of suit land executed in their favour by following due process of law on the basis of decree of specific performance granted in their favour by..........
Damages -- Suit for defamation - Cause of action for defamation is a personal action and is governed by the principle actio personalis moritur cum persona - Cause of action for defamation does not survive after death of the person concerned, since relief claimed is personal in nature and becomes nugatory upon death - Legal position is thus : (i) If plaintiff dies before a..........
Civil Procedure Code, 1908, Section 52 -- Execution - Money decree - Liability of LRs of deceased debtor - Where decree is passed against legal representative of a deceased person, it may be executed by attachment and sale of any property of deceased which has come into hands of such legal representative and has not been duly disposed of...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All questions arising between parties to suit in which decree was passed or their representatives relating to execution discharge or satisfaction of decree must be determined by Court executing the decree and not by a separate suit - Said questions must be determined during process of execution of decree,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Amendment was only to bring execution petition in line with final decree passed by Court - More so, executing Court has rendered certain findings and has held that unless execution petition is amended, decree cannot be executed - Application..........
Civil Procedure Code, 1908, Section 39 -- Execution - Arbitral award - Enforcement of an award through execution can be filed anywhere in country where such decree can be executed - There is no requirement for obtaining a transfer of decree from Court which would have jurisdiction over arbitral proceedings...........
Civil Procedure Code, 1908, Section 39 -- Execution - Executing Court could not have returned execution petition for presentation to proper Court in view of S.39 CPC - If executing Court found that decree is necessary to be executed by another Court of competent jurisdiction, executing Court can transfer the decree in view of S.39 CPC...........
