Prisoners (Attendance in Courts) Act, 1955, Section 3, 6, Criminal Procedure Code, 1973, Section 267, 269, Constitution of India, 1950, Article 226 -- Continuous detention - Writ of habeas corpus - Grant of bail - Release of detenu on execution of sureties - Release order sent by concerned Magistrate for his release reached prison - There is absolutely no other judicial..........
Agreement to sell -- Suit for specific performance - Proof of execution of agreement to sell - Defendant, in his own hand had written on the agreement to sell regarding payment of earnest money - Regarding plea of fraud there is no documentary or oral evidence to substantiate such Plea - Agreement to sell, held, duly proved...........
Specific Relief Act, 1963, Section 16(c) -- Specific performance - Readiness and willingness - Pleadings as to - Plaint averments are to the effect that plaintiff has performed his part under the contract by making a tender of Rs.6,000/- to defendant for re-conveyance of the property, which he refused to perform and has thereby committed breach of the agreement - Held,..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Can be granted without there being a separate application filed for this purpose when there is report that warrant of execution cannot be executed without police help as there is apprehension of breach of peace...........
Agreement to sell -- Specific performance - Decree silent as to relief of possession - Executing Court can order delivery of possession as delivery of possession is incidental to the execution of the conveyance in favour of the decree holder...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid for execution of interim order - Order of status quo passed directing parties not to raise any construction therein - Defendant raising construction in his own land - No ground to interfere with the order dismissing application...........
Civil Procedure Code, 1908, Order 21, Rule 106(3), 105(2) -- Execution - Date of hearing of the case was fixed to 24.08.2004 on which date, the decree-holder did not appear for which case was dropped/dismissed - It is only by order dated 16.12.2009, the order passed on 24.08.2004 was set aside and the execution case was restored to file - No application for setting aside..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant denied execution of agreement to sell - Plea of readiness and willingness of plaintiff is not available to the defendant - It only remains between Court and plaintiff to determine question of readiness and willingness...........
Transfer of Property Act, 1882, Section 41 -- Two sale deeds - Sale deed prior in time prevails as at the time of execution of second sale deed, vendor does not have any right or title in property which can clothe subsequent purchaser with any right or title as no one can transfer better title than he possess...........
Land Acquisition Act, 1894, Section 11 -- Acquisition of land - Interest not awarded on amount of solatium - Interest restricted to enhanced amount of compensation only - Appellant filed execution petition in 2001 - During pendency of execution petition, Supreme Court vide its judgment, 2001(2) Apex Court Journal 412 (S.C.) , directed that compensation awarded includes..........
