Supreme Court Rules, 2013, Order 4, Rule 7(a), (b) -- Vakalatnama - If Vakalatnama is executed in presence of Advocate-on-Record himself, it is his duty to certify that execution was made in his presence - This certification is not an empty formality - If he knows the litigant personally he can certify the execution - If he does not personally know litigant, he must verify..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution of decree for getting possession of property in a decree for specific performance - Limitation starts to run from the date of execution of sale deed and not from the date of decree...........
Specific Relief Act, 1963, Section 22(2) -- Specific performance - Relief of possession - Provision of S.22(2) of the Act is discretionary - In a decree for specific performance one need not specifically claim possession which is mere ancillary - Expression `at any stage of proceedings' is wide enough to allow the plaintiff to seek relief of possession even at the..........
Criminal Procedure Code, 1973, Section 125(3), 128 -- Maintenance - Recovery of arrears - Maintenance holder cannot be permitted to accumulate maintenance for a period more than 12 months and as such no application for execution of maintenance order can be entertained for a period exceeding 12 months immediately preceding the date of application...........
Civil Procedure Code, 1908, Section 10 -- Stay of execution petition - Both the execution petitions arise out of decree of different nature - Merely because subject matter of execution is common, provision of S.10 CPC are not attracted - Dismissal of application calls for no interference...........
Will -- Execution - Will executed in the year 1954 and more than 67 years elapsed - Plea that there is no requirement to prove the execution of Will as presumption in favour of execution of Will is there u/s 90 Evidence Act is fallacy and has no merit...........
Will -- Execution - Both the attesting witnesses died - Execution of Will is to be proved in accordance with S.69 Evidence Act by at least proving that the attestation of one attesting witness at least is in his handwriting and signature of the person executing the Will is in the handwriting of that person...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration that sale deed is null and void - Applicant sought his impleadment on the basis of agreement to sell - However, he has not got any direct or legal interest involved in controversy in suit and that too when suit for specific performance or suit for declaration of a sale..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - When a High Court in exercise of its jurisdiction u/art 226 of Constitution finds that there was utter failure on the part of Registering Authority to stick to the mandate of law, Court merely cancels the acts of registration, but does not declare very execution of document to be null and void...........
Agreement to sell -- Specific performance - Readiness and willingness - Once execution of agreement of sale and receipt of substantial amount towards sale consideration is established, there is nothing more to be proved by agreement holder to establish his readiness and willingness to perform his part of contract...........
