Indian Penal Code, 1860, Section 24, 25, 206, 421, 424, 207, 208, 210, 243, 246, 247, 248, 249, 250, 251, 252, 253, 261, 264, 265, 266, 415, 416, 417, 418, 419, 420, 422, 423, 463, 464, 465, 466, 467, 468, 469, 470, 471, 474, 477, 496 -- Fraudulently - A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise - Term..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction - Violation - Decree of injunction passed against State - In violation of the decree of injunction officials of the State demolished boundary wall and gate constructed by DH, though officials were supplied copy of injunction order - Held, officials cannot be allowed to take plea that they were not..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- Exemption from Rent Act - Time of construction October, 1983 admitted in rent note - There were no compelling circumstances to admit the time of construction at the time of execution of rent note - Court below was right in relying upon the date of construction as October, 1983 - Held, suit rightly..........
Civil Procedure Code, 1908, Order 21, Rule 35, Evidence Act, 1872, Section 116 -- Estoppel - Execution - Decree for possession - Challenge by judgment-debtor on ground that third co-sharer not party to license deed - JD never raised issue of third co-sharer before any Court, except in review petition - Since license created only by plaintiffs - JD estopped from raising..........
Rent and Eviction -- Eviction order or decree - Appeal or revision - Stay of execution of eviction order - Revisional or Appellate Court can grant stay of execution of eviction order or decree on terms, including a direction to pay monthly rent at a rate higher than the contractual rent - Amount so fixed should not be excessive, fanciful or punitive amount...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Applicant not approaching Court immediately after execution of sale deed and approached Court only after evidence of defendant was closed - Order dismissing application - No interference...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of..........
Agreement to sell -- Specific performance - Ready and willing - Sixty percent sale consideration paid within one year of execution of agreement to sell - Plaintiff repeatedly informing defendant that he is ready to make the balance sale consideration - This fact not disputed - Held, plaintiff was ready and willing to perform his part of the agreement...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Handwriting expert cannot be examined in rebuttal evidence to prove the due execution of the agreement which plaintiff is required to prove only while leading evidence in affirmative - If plaintiff failed to lead evidence by way of examining a handwriting and finger print expert in affirmative to prove the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 3(1) -- After passing of eviction decree by civil court Rent Act became applicable - Rent Act became applicable when execution process of Civil Court decree had not come to full realization - Decree Holder was trying execution of Civil Court decree after notification had been made to the area to come within..........
