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..........
Banking service -- Compulsory retirement - Respondent a Senior Manager connived with co-delinquents (one officer and a gunman) to misappropriate money of customers for their personal gain, stealing bank records, etc. - Role of respondent not only necessitated personal obedience but also supervision of actions of subordinates - Co-delinquents having limited powers and..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Where suit is instituted for cancellation of an agreement to sell and forfeiture of earnest money and where possession has not been delivered, ad valorem Court fee is required to be computed on the amount of earnest money alone and not on entire sale consideration...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration of ownership and possession - Suit though has been drafted as one seeking declaration of ownership and possession, real object of proceedings is to negate and avoid agreement to sell on the premise that same stands terminated and earnest money forfeited - In such circumstances, petitioner being..........
Indian Penal Code, 1860, Section 306, 506 -- Abetment of suicide - If a creditor makes a phone call to debtor for return of his money that being a lawful act, it cannot on its own constitute a ground to prosecute creditor...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit property was subjected to auction in execution of a money decree and said sale was confirmed in favour of predecessor-in-interest of appellant - Title in immovable property vests in auction purchaser on confirmation of sale - If auction purchaser gets possession and is in possession on date of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Recovery suit for money based on promissory notes - Part payment endorsements on promissory notes not marked - No prejudice would be caused to defendant on adducing additional evidence by plaintiff - Application rightly allowed...........
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 52 -- Execution - Money decree - Liability of legal representatives of deceased debtor is not personal in nature but is limited strictly to extent of estate of deceased that has come into his or her hands...........
Civil Procedure Code, 1908, Section 52, 53, Order 21 -- Execution - Money decree - Liability of LRs of deceased debtor - Once decree fixes liability upon legal representatives, Court is required to examine whether property sought to be attached forms part of estate of deceased and if so to proceed strictly in accordance with law...........
