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..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Any amount already paid under orders passed in parallel proceedings can always be adjusted at the stage of execution - This by itself, does not render impugned order of granting maintenance illegal...........
Agreement to sell -- Validity - Security for loan transaction - Substantial portion of consideration paid much prior to execution of agreement - Period of three years stipulated despite balance consideration being negligible - Agreement is proved to be intended only as a security document and not as an agreement of sale - Agreement to sell not a genuine agreement of sale..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Execution of agreement to sell, payment of earnest money and fixing of date of execution of sale deed admitted - It was the positive case of plaintiffs that they had remained present in the office of Sub-Registrar for execution of sale deed but defendant did not turn up..........
Civil Procedure Code, 1908, Section 39 -- Execution - Arbitral award - Enforcement of an award through execution can be filed anywhere in country where such decree can be executed - There is no requirement for obtaining a transfer of decree from Court which would have jurisdiction over arbitral proceedings...........
Civil Procedure Code, 1908, Section 39 -- Execution - Executing Court could not have returned execution petition for presentation to proper Court in view of S.39 CPC - If executing Court found that decree is necessary to be executed by another Court of competent jurisdiction, executing Court can transfer the decree in view of S.39 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Furnishing security in lieu of attachment - Once suit is decreed security furnished pursuant to an order U.O.38.R.5 CPC survives and enures to the benefit of DH - At the stage of execution liability of surety arises in terms of bond furnished by him...........
Civil Procedure Code, 1908, Section 145 -- Surety - S.145 CPC specifically empowers Executing Court to execute decree against a person who has become liable as a surety for performance of decree - For this purpose, such surety is deemed to be a party to proceedings and execution can be levied against him to the extent of his liability under bond...........
Will -- Suspicious circumstance - Execution of Will in favour of daughters - Testator was survived by only two daughters and on last part of his life when his health was not keeping well was looked after by his daughters - Merely because Will was executed on the day testator died, cannot be held to be suspicious in absence of any cogent and reliable evidence in this..........
Will -- Proof - Attesting witness/DW2 had very close association with testator and he was a frequent visitor to house of testator - Presence of testator and attesting witnesses and signatures affixed on Will by each of them have been stated by DW2 in his deposition - DW2 was examined twenty four years later and It would be puerile to think that witness would have..........
