Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Decree holder himself need not make an application for getting decree executed - Same may be moved by some other person proved to satisfaction of Court who is well acquainted with facts of case and application contains in a tabular form, the particulars enumerated in O.21.R.11(2) Clauses (a) to Clause (j)...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Signing and verification of execution application cannot be equated with that of verification of pleading as mandated U.O.6.R.15 CPC - Application for execution of decree can be moved by signing and verifying either by decree holder or by some other person proved to satisfaction of Court to be acquainted with..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Application filed U.O.21.R.31 CPC cannot be decided on the basis of evidence led in an application filed U.O.21.R.32 CPC when High Court in an earlier order had directed that evidence led by applicant in the application filed U.O.21.R.32 CPC could not be looked into while deciding application U.O.21.R.31 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Execution proceedings - Principles of res judicata are not applicable to execution proceedings...........
Civil Procedure Code, 1908, Section 11, Order 21 -- Execution - Dropping of proceedings - Where execution proceedings are dropped on the ground of any technicality, DH is not precluded under law to file a fresh application for execution providing correct particulars for making execution petition executable...........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Money decree - Executing Court dropped the execution proceedings on the ground of technicality, without providing any opportunity to petitioner to supply required particulars of properties indicated in application for execution in compliance with provisions of O.21.R.11(2) CPC - Impugned order not sustainable -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature and execution of cheque is admitted, a statutory presumption arises u/ss 139, 118 of the Act that cheque was issued in discharge of a debt or a liability - This presumption is rebuttable but burden lies on accused to adduce cogent evidence...........
Agreement to sell -- Plaintiff inducted only because of agreement to sell - Relief of specific performance denied to plaintiff - However, plaintiff was compensated for Rs.2 crores and directed to hand over possession to defendant - Plaintiff has been unnecessarily delaying and causing obstruction in execution of decree - He has no locus or justification to hold on to..........
Stamp Act, 1899, Section 33, 38, 40, 42, 48, Registration Rules, Rule 107 -- Deficient stamp duty - Non registration of an instrument presented would not be a ground to seek return of document - Execution of document would be sufficient for the purpose of recovering deficit stamp duty by invoking provisions of Stamp Act...........
