Civil Procedure Code, 1908, Section 2(2) -- Decree - Decree passed in a suit for specific performance does not give any right or title to the decree holder - In case of agreement of sale and a decree passed in a suit for specific performance, right and title passes only on execution of sale deed...........
Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Validity - If the validity of award is to be examined at all, it is to be tested in writ proceedings before High Court and not by expanding scope of execution or by encouraging independent civil suits...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101, Legal Services Authorities Act, 1987, Section 21, 22E -- Execution - Award of Lok Adalat - Executing Court can address questions which arise incidentally in the course of working out execution, such as whether and to what extent decree can be enforced against a particular person in possession and in what manner -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, 28, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 18 to 23 PWDV Act - Execution of orders - Magistrate was required to abide by provisions of S.125(3) Cr.P.C for securing compliance of orders passed u/ss 12, 18 to 23 PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Parties are not ad idem on even foundational facts necessary to invoke O.39.R.10 CPC - Provision can be applied only where defendant admits either relationship or liability to pay a particular amount - However, there is no such admission and rather very nature of transaction,..........
Will -- Attestation - Testimony of PW2/attesting witness that he does not know the person who drafted Will does not cast doubt on its validity, as he confirmed two crucial legal requirements i.e: that testator was of sound disposing mind; and (ii) that execution was voluntary - This testimony directly supports due execution of Will...........
Will -- Proof of - Will was duly registered in accordance with statutory requirements - Contention of appellant/objector that Will is forged and fabricated is wholly unsubstantiated, as no evidence has been adduced by appellant to support the claim of forgery or to show a contrary intention of testator or that testator was not in sound mind or that signing was involuntary..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Any one of several joint decree-holders may apply for execution of whole decree for benefit of all decree holders including survivors and legal representatives of a deceased decree holder, unless decree itself contains any provisions to the contrary...........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Decree for possession - DHs are heirs of original plaintiff, their inter se rights regarding property are not to be considered and decided in execution petition - It is only decree for possession has to be executed whether at the behest of one of decree holder or by all decree holders,..........
