Criminal Procedure Code, 1973, Section 389 -- Suspension of execution of sentence during pendency of appeal - Prayer rejected considering sentences to run consecutively but sentences were to run concurrently - Order passed considering sentences to be for 45 years whereas sentence was for 7 years - Length of imprisonment has obvious bearing on consideration of prayer for..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by sisters - Sale of property by Karta/brother - Suit in question was apparently a collusive suit filed at the behest of Karta through his sisters and family members to avoid execution of a valid decree passed in favour of purchasers/defendant nos.1 and 2 - Suit property sold by Karta for legal necessity thus,..........
Karnataka Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1972, Section 4 - - Allotment of flat - Appellants insisting on execution of agreement to sell so as to facilitate disbursement of loan which was sanctioned by Bank - Insistence of appellants on developer was therefore, consistent with statutory obligation cast on..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objections - Person inducted as tenant, in the suit premises, during pendency of proceedings - Such person has no right to be heard, by Executing Court, before delivery of possession - Execution Court directed to proceed execution proceedings and issue necessary police aid for effecting delivery of..........
Hindu Marriage Act, 1955, Section 13B, Constitution of India, 1950, Article 142 -- Divorce by mutual consent - Divorce petition allowed to be converted into divorce petition by mutual consent and divorce granted on execution of consent terms in between the parties - One of the consent terms was non claim of maintenance for the minor child by wife - Held, wife can give up..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce petition allowed to be converted into divorce petition by mutual consent and divorce granted on execution of consent terms in between the parties - One of the consent terms was that parties will withdraw cases filed by each of the parties against the other - Supreme Court quashed FIR lodged by..........
Limitation Act, 1963, Article 59 -- Suit for cancellation of Will - Suit filed within three years of execution of Will - Plaint returned for presentation to proper Court - No amendment was sought by plaintiffs after return of plaint, therefore suit filed is not barred by limitation...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- (as amended by Act, 2016) - Application for appointment of arbitrator before High Court - Maintainability - Execution of work contract containing arbitration clause was prior to date of amendment and notice for reference to arbitration issued in year 2017 - However, Amendment Act, 2016 applies from date on which..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by stranger - Plea of limitation U.O.21.Rr.97, 100, 103 CPC cannot be raised by stranger obstructionist as such plea is only available to JD...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Suit for possession by Trust - Where execution petition preferred by Secretary of DH/Trust was proper and legal, it was not necessary for DH to have signed execution petition...........
