Practice and Procedure -- Order - Validity of an order can only be adjudged on the basis of reasoning contained in the order and the said reasoning cannot be supplemented in any manner much less by means of a counter affidavit or a supplementary affidavit when parties have entered into a litigation...........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Bank took the plea of default for the first time through the counter affidavit filed in the writ petition - Parties are not permitted to raise new pleas not contained in the order impugned while assailing the correctness or the validity of..........
Agreement to sell -- Validity - Signatures and thumb mark on last page out of three pages - Large blank spaces on the first and second page of agreement and absence of thumb impression/signatures of parties and the attesting witnesses on these two pages, fortifies the conclusion that disputed agreement was transcribed on one of the blank stamp papers on which the thumb..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Validity - Defendant No.1/power of attorney holder lacked the authority to bind defendant Nos.6 to 8 in the agreement to sell, as GPA did not confer upon him the power to sell the property on behalf of his sisters at the time of agreement, having been impliedly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wants to question the validity of Will, on the basis of which defendant sought to have suit dismissed - Without determination of question of Will and its genuineness, partition of suit property would not be possible - Application for amendment rightly..........
Agreement -- Validity - Pleading that agreement was not signed voluntarily and that it was executed under coercion and threat - No steps whatsoever taken to resile from the agreement or to revoke it for at least half a decade - If such coercion etc. had actually occurred, respondent has no explanation to offer as to why he did not avail of any civil law remedy (to have..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When the dispute arises with regard to identification of property and to note down the physical features, trial Court can get report of an Advocate Commissioner by appointing him and providing an opportunity to parties to cross-examine Advocate Commissioner and also Mandal Surveyor and..........
Agreement to sell -- Suit for specific performance - Limitation - Validity of agreement is something different and does not change the date of performance...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Order of sanction can be proved by examining a witness who can identify the signatures of sanctioning authority...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Accused did not point out the lapses in the sanction order - Accordingly, in absence of any material to show that sanction for prosecution was issued without due application of mind and further in absence of any failure of justice, judgment of conviction cannot be interfered with on the..........
