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...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Money decree - Claim petitioner sought to resist execution relying on an unregistered non-possessory agreement executed subsequent to attachment, would not confer any right, title or interest to claim petitioner in suit property to resist execution - Claim petition rightly rejected...........
Evidence Act, 1872, Section 68, 69 -- Will - Attestation - If a document is required by law to be attested then it shall not be used as evidence until one attesting witness has been examined before Court for proving its execution if he is alive and capable of giving evidence - However, where no attesting witness can be found, then propounder of Will is bound to prove the..........
Will -- Proof of - There are two attesting witnesses of alleged Will, but plaintiff has not examined any of them in order to prove execution of Will - One of attesting witness is alive, but she is not examined or she is not willing to appear in Court, as such, Will has not been proved in accordance with S.68 of Evidence Act - Since, one attesting witness of alleged Will..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - Once parties agree on interest regime, arbitrator's role is confined to enforcing it and Courts would not rewrite or enlarge award by introducing further interest at execution stage...........
Civil Procedure Code, 1908, Section 60(i), Order 21, Rule 48 -- Execution - Attachment of salary of Judgment Debtor - Executing Court while directing attachment of salary of JD failed to consider provisions of S.60(i) CPC, which specifically governs manner and extent of attachment of salary - Order of attachment of salary of JD, set aside - Executing Court directed to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier application U.O.1.R.10 CPC was rejected based on the pleadings of proposed implead petitioners that they are not necessary parties to suit - Since petitioners opposed their impleadment earlier, they cannot now agitate to come on record - Petitioners are not permitted to approbate and reprobate - They cannot..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Where a sale is void because of breach of mandatory auction provisions, S.47 CPC is an appropriate vehicle to impugn execution proceedings, more particularly where failure is intrinsic and affects the very competence of executing Court to cause transfer of possession or make an absolute sale...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution of maintenance order - Look out notice - Cannot be issued for recovering the dues of maintenance...........
