Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Civil dispute sought to be given the colour of a criminal wrong doing - Execution of a sale deed, during pendency of suit, may attract doctrine of lis pendens, but from reading charge sheet, it is evident that there is no element of criminality which is..........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Decree for recovery of gold ornaments - Wherever a decree has been passed allowing the petitioner, alternative relief of value of gold ornaments as on date of purchase, date of petition, or the date of decree, as the case may be with interest for delayed payment unless it is set aside or modified in an appeal or..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
Agreement to sell -- Validity - Defendant contended that agreement in question is a forged document as he never signed in Punjabi script - He produced driving licence and his passport in support of his case - Contention rejected, as neither of said documents were signed prior to date of execution of agreement to sell - Court below thus, justified in holding that signature..........
Criminal Procedure Code, 1973, Section 125, 421 -- Arrears of maintenance - Non payment - Warrant of arrest cannot be issued straight way without levying the amount due as fine and without making any attempt for realisation that fine in one or both the modes for recovery as provided in S.421(1) Clause (a) or (b) say by issuance of distress warrant for attachment and sale..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14(1A) -- Secured asset - District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) can appoint an advocate commissioner to assist him/her in execution of order passed u/s 14(1) of the Act - Such an advocate must be regarded as an officer of Court and..........
Stamp Act, 1899, Section 47A -- (as amended in State of A.P) - Stamp duty - Agreement to sell - Where agreement to sell evidences delivery of possession even prior to execution of agreement of sale, said document would have to be treated as a sale falling within ambit of Art.47-A of Schedule 1-A of the Act...........
Rent and Eviction -- Eviction order - J.D. did not permit to execute the decree by filing proceedings one after the other - D.H. not permitted to enjoy the fruit of decree even after a period of 33 years of passing of the decree - SLP dismissed with costs of Rs.25,000/- - Executing Court directed to decide and dispose of execution proceedings within a period of six months...........
Re-auction -- Re-auction of land after a period of 23 years of confirmation of sale and execution of sale in favour of highest bidder, cannot be made by observing that value of property might have been much more...........
Agreement to sell -- Specific performance - Defendant admitted execution of sale agreement in his written statement but contended that same was executed only as a security - Since execution of agreement is admitted, entire burden is upon defendant to establish that sale agreement was executed only for security purposes - However, defendant failed to produce any document..........
