Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of claim petition in execution of a decree as time barred, does not disentitle the party to file a suit in respect of same property and such suit is not hit by principles of res judicata...........
Civil Procedure Code, 1908, Order 21, Rule 58 - - Execution - Claim petition - Executing Court cannot entertain claim petition if execution proceedings have culminated in sale of attached property and a sale certificate is issued by executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103 -- Execution - Third party objections - Third party apprehending dispossession can file objections U.O.21.R.97(1) CPC - Adjudication of claim by Executing Court will be treated as a decree which is appealable - Revision filed against order deciding objections, held, not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructionist in order to succeed in thwarting the execution of decree standing in favour of decree holder, must make out a claim concerning his independent right or title over suit property, over and above his possession either at the time of institution of suit or prior to that and..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of adverse possession - Petitioner not able to state any particular date as to when he entered into possession of suit property - Petitioner thus found to have no claim in the eye of law as regards his independent right nor he has right to question the decree passed in suit in which..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Claim of objectors based upon two registered sale deeds - Objections be decided after framing issues and giving opportunity to parties to lead evidence in support of their stand...........
Arbitration and Conciliation Act, 1996, Section 34 -- Setting aside of arbitral award - Dismissal of application - Appeal - Appellant entering into 2 sub-contracts with respondent - Respondent claiming amount to extent of execution through arbitration - Plea of appellant while resisting claim of respondent that main contract and sub-contracts are `back to back' in nature -..........
Agreement to sell -- Specific performance - Claim of damages - Lack of material to conclude that plaintiff sustained any loss due to non execution of sale deed - Plaintiff did not had the money for payment of balance sale consideration and also the capacity to arrange payment of such amount, as such, he was not ready and willing to perform his obligations - Plaintiff..........
Specific Relief Act, 1963, Section 16, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Specific performance of agreement - Whether suit is for land? - In instant case, respondent took possession of assets and later entered into Private Treaty Agreement with appellant for sale of said property by execution..........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Mortgage of property to tenant - Tenancy merges with mortgage - There is implied surrender of tenancy at the time of creation of mortgage - After redemption of mortgage, tenancy does not revive and tenant cannot claim any right to remain in possession of tenanted premises, in absence of execution of..........
