Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 13 -- Execution - Objection to execution proceedings as well as to application u/s 47 CPC filed by applicant do not either disclose any substantial defence to decree or testify the same to be suffering from any jurisdictional infirmity or invalidity - Order rejecting objections held, proper...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Difference between preparation and attempt to commit rape - Preparation or attempt to commit offence will be predominantly determined on evaluation of act and conduct of an accused - Stage of preparation consists of deliberation devising or arranging the means or measures, which would be necessary for..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Fixation of upset price - It is a matter which should be based on some materials and not merely on the submissions made by some of parties...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Auction sale - Value of property - O.21.R.66(2)(e) CPC, requires Court to state only nature of property so that purchaser should be left to judge the value for himself - But, essential facts which have a bearing on the very material question of value of property and which could assist the purchaser in forming his..........
Family Courts Act, 1984, Section 7(d) -- Muslim Law - Extra judicial divorce - Guidelines issued to Family Court in a petition filed u/s 7(d) of the Act to endorse extra judicial Divorce under Muslim Personal law and to declare the marital status of parties to marriage viz. : (i) on receipt of petition, Family Court shall issue notice to respondent; (ii) After service of..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Injunction order passed restraining defendant from putting up construction on item Nos.1, 2 properties - Plaintiff conceded execution of release deed by sisters and sister's son in favour of defendant - Under such circumstances plaintiff getting half share is bleak - Even if plaintiff's..........
Will -- Due execution - Will in favour of plaintiff not denied by defendants - However, they merely rely upon other unregistered Will - Said unregistered Will found not genuine by both the Courts being forged and fabricated document - Both the Courts thus, given adequate reasoning for not believing said document - In absence of pleadings to the contrary followed by issues..........
Evidence Act, 1872, Section 17, 58 -- Admission - Will - Where a party admits execution of document in the nature of a Will which is otherwise proved in accordance with S.63 of Succession Act and S.68 of Evidence Act, it becomes a relevant fact duly proved in the absence of any discretion by Court...........
Will -- Suspicious circumstance - Beneficiary of Will present at the time of execution and registration of Will - It is inappropriate to doubt correctness of registered Will, particularly when there is no evidence that beneficiary was in a position to influence the wish of testator...........
