Consent decree -- Decree passed on basis of memorandum of understanding executed of past transaction between joint owners of Joint Hindu Family - Memorandum of understanding a narration of existing rights which have come into existence much before the execution of that document - Consent decree passed on the basis of such memorandum of understanding does not require..........
Civil Procedure Code, 1908, Section 55(3) -- Execution - Arrest of J.D. - Proceedings under Insolvency Act initiated by J.D. - Arrest of J.D. cannot be ordered during the pendency of proceedings under Insolvency Act irrespective of the fact whether any stay has been granted or not...........
Civil Procedure Code, 1908, Order 26, Rule 10-A, 18-A -- Scientific investigation - Execution proceedings - Comparison of signatures - Comes within definition of scientific investigation - Application for scientific investigation is maintainable in execution proceedings...........
Civil Procedure Code, 1908, Section 47 -- Execution - If on account of subsequent change of law or any subsequent development, decree becomes in executable, the same should be taken note of by the Executing Court...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Mandatory injunction - Disobedience - Property of J.D. attached - Attachment shall not remain in force for more than one year - After one year, if disobedience or breach continues, attached properties may be sold and compensation as determined by Court may be awarded to D.H. - No evidence that J.D. continued violation of..........
Specific Relief Act, 1963, Section 16, 20 -- Agreement to sell - Proof of execution of agreement - Vendor and vendee residing at different places - Stamp paper purchased at a different place - Document executed at a different place - Reason not assigned for purchasing stamp paper at a different place and execution of document at another place - Endorsement on stamp not..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Power of Attorney - Whether a complaint u/S.138 of Negotiable Instruments Act can be filed by a Power of Attorney - Held that complaint can be presented by GPA on behalf of payee, provided -
(a) The complaint shall be signed by the payee himself
(b) There shall be also an..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - Wife already receiving maintenance at higher rate u/s 24 Hindu Marriage Act - Held, wife is not entitled to claim execution of order u/s 125 Cr.P.C. until she receives or continues to receive maintenance u/s 24 of Hindu Marriage Act...........
Contradictory findings -- Will and Gift-deed - Execution of - Suspicious circumstances which have been accepted while setting aside Will were not even raised in attacking Gift-deed which was also a document executed almost for the same reason and in the same circumstances - Once gift-deed is upheld, Will could not be set aside...........
Civil Procedure Code, 1908, Section 47 -- Execution proceedings - Auction sale challenged thereof - Challenge after five years of confirmation - No reason much less a cogent reason given for delay - Objection barred by time - Dismissed...........
