Agreement to sell -- Execution - Proof - PW1 plaintiff, PW2 sister of plaintiff examined - Version of both of them is of interested version as such cannot be relied - PW3 scribe examined as a witness - Pen and ink used for affixing his signature and signature of DW1 are different from the pen and ink used for preparing the document and it was not properly explained by..........
Registration Act, 1908, Section 23 -- Presentation of document for registration - Though statue makes it imperative to present an instrument for registration within four months from date of its execution, however, no time is fixed within which a deed presented and accepted for registration must be registered...........
Registration Act, 1908, Section 23 -- Presentation of document for registration - Lease deed - Challan is paid within prescribed period of four months from date of execution of subject lease deed, which was accepted by Registering authority - However, due to COVID-19 Pandemic registration dates were rescheduled from time to time - Since challan was paid registration dates..........
Limitation Act, 1963, Article 136 -- Execution - Decree of permanent injunction - To implement a decree for perpetual injunction, no limitation is provided...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Wilful admission - Denial of promissory note in the written statement cannot be treated as admission - Denial of execution of promissory note could not be such a statement coming within the purview of S.17 of Evidence Act - Amendment seeking inconsistent pleas without retracting wilful..........
Agreement to sell -- Specific performance - Subsequent purchaser - Plea of bonafide transferee for value without notice - Agreement to sell registered on 26.08.1985 - Subsequent sale executed on 28.10.1987 - Subsequent purchaser will be deemed to have notice of execution of earlier agreement to sell...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment - Exemption provided u/s 60(1)(c) CPC is not applicable to a charge decree or to a decree where there is a statutory charge, over the property...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale - It is necessary to sell only the portion of property which is necessary for satisfaction of decree and a duty is cast upon Court U.O.21.R.64 CPC to ensure said compliance...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Execution of agreement was disbelieved by both the Courts below and have noticed that agreement in question is suspicious - Moreover, plaintiff cannot be held entitled for specific performance of agreement considering his conduct of delay of 30 years and other attending circumstances..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Decree for payment of money - Provision of O.21.R.37 & S.51 CPC are mandatory - Before ordering civil imprisonment Court has to give an opportunity to J.D. to show cause as to why he should not be committed to prison...........
