Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All questions arising between parties to suit in which decree was passed or their representatives relating to execution discharge or satisfaction of decree must be determined by Court executing the decree and not by a separate suit - Said questions must be determined during process of execution of decree,..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Agreement to sell -- Validity - Specific denial by defendant regarding execution of agreement to sell - In absence of any comparison of alleged left thumb impression of defendant appearing on agreement with her admitted left thumb impression by a fingerprint expert, authenticity of said agreement becomes doubtful - Agreement to sell not proved - Relief of specific..........
Consumer Protection Act, 2019, Section 71 -- Execution - Order allowing consumer complaints - Execution proceedings cannot be permitted to continue indirectly against respondents who are neither judgment debtors nor guarantors and against whom no independent liability under the order allowing complaints has been established...........
Consumer Protection Act, 2019, Section 71 -- Execution - Moratorium u/s 14 of IBC against company by itself does not preclude execution proceedings against directors or officers, provided they are otherwise liable...........
Consumer Protection Act, 2019, Section 71 -- Execution - Decree cannot by process of execution be employed to shift or enlarge liability so as to bind persons who were neither parties to decree nor otherwise legally liable thereunder...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Amendment was only to bring execution petition in line with final decree passed by Court - More so, executing Court has rendered certain findings and has held that unless execution petition is amended, decree cannot be executed - Application..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Issues relating to state of mind of executants at the time of execution of settlement deeds, role of respondent Nos.1 to 3 in execution and use of settlement deeds, existence of..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Scientific expert - Comparison of signatures and thumb impressions - Mere denial of execution of documents does not automatically mandate comparison through an expert, particularly when documents relied upon is already part of record and matter is yet to proceed to final adjudication - Application rightly..........
Agreement to sell -- Specific performance - Ready and willing - Agreement to sell for Rs.6.11 crores out of which 90 lakhs paid as earnest money - Plaintiff failed to prove his readiness and willingness - He had not been able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - Plaintiff did not even visit..........
