Civil Procedure Code, 1908, Section 47 -- Execution - Plea of nullity of a decree - Can always be set up before the Executing Court - Any judgment and order which is a nullity never acquires finality and is thus open to challenge in the execution proceedings...........
Deeds -- Composite documents - Subsequent events or conduct of parties after execution of document - Not to be taken into consideration in interpreting document especially when there is no ambiguity in language of document...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), Constitution of India, 1950, Article 22 -- Preventive detention - Undue and long delay of 14 months between prejudicial activities and passing of detention order - No satisfactory explanation of delay given - Held, if there is unreasonable delay in execution of detention order,..........
Power of attorney -- To be strictly construed - Power of attorney holder to enter into agreement to sell or to execute sale deed - There should be express authorisation in the deed to this effect i.e. (a) to present the document before the Registrar; and (b) to admit execution of the document before the Registrar...........
Land Acquisition Act, 1894, Section 11 -- Acquisition of land - Interest not awarded on amount of solatium - Interest restricted to enhanced amount of compensation only - Appellant filed execution petition in 2001 - During pendency of execution petition, Supreme Court vide its judgment, 2001(2) Apex Court Journal 412 (S.C.) , directed that compensation awarded includes..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Before the expiry of the period stipulated in the compromise decree - By the time Court adverted to the petition the stipulated period expired - Held, there is no bar in execution of such a decree...........
Will -- Genuineness and validity - Fact that propounder was present at the time of execution of Will and that nothing was given to respondent Nos.1 & 2 - Not decisive of the issue relating to genuineness or validity of the Will - Respondent Nos.1 & 2 separated after taking their share at the time of partition - No choice was left except to live with appellant who along..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Two conditions for execution of the decree are (i) the judgment has to be converted into a decree and (ii) the decree should be enforceable - Limitation cannot be said to begin only when the decree is engrossed on the stamp paper...........
Limitation Act, 1963, Article 136 -- Decree - Execution - By a separate suit decree challenged to be result of fraud - Suit remained pending for 21 years - At no point of time, there was any order of any Court directing stay of operation of judgment and decree - Held, In the absence of any interdiction from any Court, the decree holder was entitled to execute the decree -..........
Limitation Act, 1963, Section 5, Article 136 -- Execution - Delay - Limitation stipulated under Article 136 of the Act - Cannot be condoned...........
