Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - In order to thwart execution of compromise decree, JD is required to make out a case that compromise decree is vitiated by fraud, misrepresentation, misunderstanding or mistake...........
Will -- Execution - Attestation on cover of Will, amounts to attestation of Will, particularly when attesting witnesses of Will stated that testator signed on the Will in their presence and requested them to sign on cover after placing Will inside and sealed the cover...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the..........
Limitation Act, 1963, Article 136 -- Execution of decree - Limitation - To execute any decree (other than a decree granting mandatory injunction) or order of any Civil Court, period of limitation is 12 years from the date when order becomes enforceable...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Compromise decree - Objection as to its executability/execution - Compromise decree is enforceable by levying of execution as contemplated U.O.23.R.3 CPC, particularly when both the parties on mutual consent had agreed that compromise decree would be executable on its no, implementation of terms and conditions of..........
Hindu Marriage Act, 1955, Section 24, 28A, Family Courts Act, 1984, Section 18, Limitation Act, 1963, Article 136, 137 -- Interim maintenance - Non payment - Execution - Limitation - Interim maintenance order passed u/s 24 and enforceable u/s 28-A of Hindu Marriage Act or order passed by Family Court and enforceable u/s 18 of Family Courts Act, 1984, are having same force..........
Indian Penal Code, 1860, Section 420, 468, 471 -- Forgery - Appeal against acquittal - Original suit filed for possession by `B' through `A' as attorney - But during the pendency of appeal, B died - Thereafter `A' moved an application for impleading himself as legal representative and the same was allowed - Though it was for limited purpose of deciding the appeal, however,..........
Evidence Act, 1872, Section 92 -- Oral evidence - Exclusion of - Certified copy of sale deed - Due execution of document not in doubt - As per document balance of sale consideration was paid by cheque, but as per witness it was paid by cash - Mere fact that after more than 3 decades of execution of document, witness made mistake in speaking manner of payment of balance..........
Agreement to sell -- Specific performance - Attestors and scribe of agreement not examined - No explanation given for the same - Even, agreements are unregistered - Defendants denied signatures on agreement - No attempt made by plaintiff to confront defendants and discharge burden by examining any handwriting expert - Other two purchasers along with whom suit agreements..........
Agreement to sell -- Specific performance - Interpolations in agreement - Endorsement of extension of date for execution and registration of sale deed - Said endorsement for extension is made one day after execution of sale deed in favour of subsequent purchasers - Defendant/owner of property cannot extend date once he has executed registered sale deed in favour of..........
