Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Order of detention - Though provision exists for detention of a person for violating decree of injunction but that power has to be exercised cautiously and in rarest of rare case only after recording a finding justifying such order of arrest - In the instant case as trial Court had not taken into consideration..........
Evidence Act, 1872, Section 68 -- Provision of S.68 of the Act is not applicable when there is no living attesting witness - The mandate of the provision itself is that execution of a document required by law to be attested is by examining at least one attesting witness, if there be an attesting witness alive...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - However, even after final decision, Court has discretion to take further assistance of Receiver as and when need arises - In the instant case decree put to execution - Executing Court while executing decree may take assistance of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Sale deed challenged as null and void by non signatory - Question of fact arose as to when facts entitling plaintiff to file suit first accrued - Said disputed question can be decided after parties lead evidence - Issue of limitation can also be decided at time of final decision of..........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 35 -- Dishonour of cheque - Complaint u/s 138 of the Act - Complaint through power agent - Admittedly, cheque not issued on date of execution of power of attorney - Rather, power to institute complaint u/s 138 of the Act mentioned in power of attorney which was given earlier, will not lead to..........
Will -- Suspicious circumstances - Will thumb marked whereas testatrix earlier used to sign - No explanation as to what prevented testatrix to put her signatures on alleged Will - Will allegedly executed in favour of sons of youngest son though she had affection with all her sons and daughters and her grandchildren - Mandatory requirement of attestation by witnesses not..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on merits, and such plea ought not to..........
Agreement to sell -- Specific performance - Plea of readiness and willingness - A person who denies the execution and registration of sale deed, cannot be permitted to raise the plea of readiness and willingness - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - Executing Court is not bound to frame issues if objections on the face of it are frivolous and vexatious...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........
