Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Burden of proof - Once plaintiff proves execution of pronote by adducing acceptable evidence, burden shifts on to defendant to prove that pronote was not supported by consideration...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Proof - Person who signed sale deed examined as a witness who stated about execution of document and its registration - There was sufficient proof regarding its execution...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Executed by power of attorney holder - Plea that principal was dead at the time of execution of sale deed - Plea rejected, as it is the case of defendants themselves that after becoming aware about plaintiff having purchased suit property, one of them approached principal, who denied to have authorized power of..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Execution and issuance of promissory notes not in dispute and signature found in promissory notes have been admitted, there is no need or necessity for plaintiff to give explanation for not obtaining thumb impression in suit promissory note...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Sale deed executed without objections being called for and considered - Contravenes the provision of O.21.R.34 CPC - Impugned order set aside - Executing Court directed to consider the objections of JD to draft sale deed - In case sale deed which has been executed on the strength..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Draft of sale deed in terms of decree delivered to Court - Objections thereto - Mere fact that contention of JD that decree itself is inexecutable was found meritless, would not absolve Court of its duty to proceed with the matter of considering draft sale deed and objections..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed by husband - Validity of gift deed executed by husband in favour of wife not disputed by husband - In the absence of any right of revocation of deed in the deed itself, unilateral execution of cancellation deed is bad in law and unsustainable...........
Will -- Proof of - Merely because scribe did not ask for identity of testator, it cannot be held that execution of Will by testator was not proved - Will has to be proved by attesting witnesses and not by scribe...........
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..........
