Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Issuance of conditional arrest/warrant - Warrant of arrest has been issued against JD as he failed to put in appearance in execution proceedings - Detention in civil prison in execution of a decree is the last resort and before that an endeavour should be made for satisfaction of decree - Purpose of issuance of..........
Will -- Proof - None of attesting witnesses has been produced so as to prove valid attestation and execution of Will in question - Though explanation given that attesting witnesses were dead, however, no effort was made to prove the Will in terms of S.69 of Evidence Act - Mere admission about photograph and signatures of testatrix on the Will would not dispense statutory..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - DH filed income tax returns of JDs, which shows that they have requisite means and are intentionally evading to pay decretal amount - However, this aspect was not considered by trial Court - Trial Court directed to re-examine about means of JDs for non-payment of decreetal amount...........
Agreement to sell -- Specific performance - Defendant categorically admitted the very execution of sale agreement - Defence set up by defendant that it was a loan transaction and not sale agreement has not been substantiated by producing any document and none of witnesses were examined - Suit rightly decreed in favour of plaintiff...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Essentials of a valid gift u/ss 122, 123 of the Act are execution, registration and acceptance by donee during the lifetime of donor - Delivery of possession may be one mode to prove acceptance - An express acceptance is not necessary for completing the gift...........
Transfer of Property Act, 1882, Section 123 -- Gift - Once there is an admission of gift by parties in the proceedings and the donor herself, there is no need to give evidence in proof of the execution of gift deed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - JDs willfully violating the judgment and decree passed in favour of DH - Order of civil imprisonment and attachment of property of JDs is proper - However, one of JD being an aged lady exempted from being sent to civil imprisonment...........
Agreement to sell -- Specific performance - Plaintiff admitted in his cross-examination that suit land was under encumbrance and he checked the jamabandi at the time of execution of agreement to sell - However, there is no reference in the agreement to sell that suit land was under encumbrance - Plaintiff had to prove his case by standing on his own legs and he cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant though claimed that he was not served at the correct address, however in execution proceedings on the same very address, he received summons and put in appearance through his counsel - Application U.O.9.R.13 CPC filed after delay of more than a year and no explanation was given for..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for permanent injunction - Violation of decree - J.D. subsequently trespassed into the property and remained in possession therein - Decree can be enforced by evicting JD from the property...........
