Civil Procedure Code, 1908, Section 11, 47 -- Res judicata - It is applicable to execution proceedings...........
Civil Procedure Code, 1908, Section 11, 47 -- Execution - Objections - Res judicata - JDs cannot be allowed to raise objections as to method of execution in instalments...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 64 -- Execution - Auction sale - Sale of property becomes absolute U.O.21.R.92(1) after an application made U.O.21.Rr.89, 90 or R.91 is disallowed and Court passes an order confirming the same - After the sale becomes absolute then Court has to grant a certificate - Certificate has to bear the day on which the sale..........
Evidence Act, 1872, Section 92 -- Proviso - Scope - Oral evidence - First proviso to S.92 permits any fact which may prove which would invalidate any document such as fraud, intimidation, illegality, want of due execution can be led into evidence...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - DH directed to pay balance sale consideration to JD within a period of 2 months - However, it is not envisaged that on failure to deposit balance sale consideration within 2 months, decree in favour of plaintiff would stand frustrated or suit would be deemed to be dismissed..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of subsequent purchasers - Plaintiffs came to know about execution of sale deeds by defendants in favour of subsequent purchasers on perusal of written statement filed by defendants and thereafter applications in question were filed - Limitation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Eight cheques issued - Case closed - All eight cheques dishonoured - The only option available to the complainant is to file execution case before the same Judge for execution of the order in terms of compromise for recovery of amount mentioned in the cheques - Court ought to register a..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101 -- Execution - Objections - Where Executing Court on objections being taken by objector finds that objections need to be decided, it has to frame issues and decide objections as if a separate suit...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Consideration - DW1 stated that he was present at the time of execution of pronote and receipt but consideration amount was never handed over in his presence - DW1 is nephew of defendant - Admittedly nether pronote nor receipt bear signature of DW1 - In fact DW1 in his cross examination admitted that he was not..........
Succession Act, 1925, Section 222, 231, 301 -- Probate - Will - Executor wants to relieve himself from his obligation on account of his old age and in his place beneficiaries of Will already filed an application for their impleadment - Scheme of execution of Will and grant of probate does not envisage a forceful retention of an executor of Will by Court - Court thus,..........
