Agreement to sell -- Specific performance - Plea of hardship - Defendant took plea that plaintiff in the garb of loan fraudulently obtained his signatures - Since fraud was played defendant alleged that he will suffer hardship in the event of execution of sale deed - However, no evidence led by defendant to substantiate his plea - Trial Court after considering pleadings,..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing objections, upheld...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Application U.O.21.R.35 CPC - Not maintainable at the instance of third party...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objection by third party - Petitioner does not claim to be in actual possession of decretal property, thus she cannot file an objection U.O.21.R.97 CPC - Even if petitioner is in possession of property, she cannot otherwise maintain such application after dismissal of her objections being a third party -..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 420, 406, 120B -- Concurrent running of sentences - Petitioner sentenced in six cases - If an order with regard to concurrent execution of sentence is not passed, petitioner will have to languish behind bar for about 18 years - Keeping in view charges proved against accused, it is not proper to..........
Transfer of Property Act, 1882, Section 54, 55 -- Sale deed - Price or part thereof not paid - Title would pass provided intention of parties was that title should pass on execution and registration - Parties must intend not only to transfer the ownership in property but also that price would be paid either in present or in future - However, intention of parties is to be..........
Registration Act, 1908, Section 68(2) -- Power of Registrar - Registrar does not have power to cancel registration of sale deed, execution of which has not been denied and has already been registered by Sub-Registrar, as power conferred u/s 68 of the Act upon Registrar is to exercise superintendence and control over Sub-Registrar administratively...........
Stamp Act, 1899, Section 47A(2A) -- Stamp duty - Market value - To be assessed on the basis of nature of property as on the date of execution of sale deed - Intended use of property in future cannot be made basis for assessment of its market value - Since land was purchased in residential colony, thus, under no circumstances, said property can be treated as commercial..........
Arbitration and Conciliation Act, 1996, Section 8(2), (14) -- Reference of dispute to arbitration - Arbitration clause - Application not accompanied with document containing arbitration clause - Once execution of document is admitted and it contains arbitration clause as set out in clause 14, production of original or certified copy of said reconstitution deed is wholly..........
Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 21, Rule 92 -- Appeal - Order of confirmation of sale in execution proceedings - Does not fall within the scope and ambit of O.21.R.92 CPC, particularly when such order nowhere discloses that any application was made and it was disallowed, thus not appealable U.O.43.R.1(j) CPC...........
