Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Claim petition U.O.21.R.58 CPC not maintainable in the absence of attachment existing over property...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - When decree was passed a charge had been created for the decree debt over the property, which was mortgaged - If so, in the absence of any attachment existing over the property, there is no question of any claim or objection being raised U.O.21.R.58 CPC - Claim petitioners cannot in the guise of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating and transferring suit property during pendency of suit - Apprehension expressed by plaintiff of being put to irreparable loss and injury has been found to be baseless, as right if any of plaintiff shall be protected by application of principle of lis pendens -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To visit the spot for measurement of property - Suit for possession - Mere measurement of property cannot be criteria for identification of property - Whether defendants are in possession of plot No.20 or plot no.17 is a matter which has to be decided during course of trial on the basis of..........
Will -- Suspicious circumstance - Will has admittedly been scribed by plaintiff/propounder of Will - Plaintiff was well aware that entire property had been given to her by Testator, yet she filed a suit for declaration that she had become co-owner on the basis of a family settlement - Filing of the suit itself raises a suspicion in the mind of Court regarding validity of..........
Agreement to sell -- Specific performance - Person who posing as title holder entered into an agreement to sale his property, cannot be allowed to assert subsequently that he had no title over property - Principle of estoppel would apply...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Sale deed - Permanent construction existing over plot in question - However, petitioner pleaded that such constructions were raised subsequent to execution of sale deed - Once such plea was taken by petitioner, burden shifts upon him as it is only petitioners who could have proved such fact - However, said permanent..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiffs failed to prove that they are having right and title in the suit property - Since plaintiffs are not entitled to the main relief of declaration of title, they are not entitled to consequential relief of permanent injunction as sought in the plaint - Suit rightly..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife asserts herself to be economically unsound having no source of livelihood with no movable or immovable property in her name - Financial constraints of wife restrains her from going from Kinnaur to Shimla to attend each and every hearing of case - Moreover, transfer of proceedings will enable both..........
Indian Penal Code, 1860, Section 420, 417 -- Difference between the two provisions of Ss.420 & 417 IPC - Where in pursuance of deception, no property passes, offence is one of cheating punishable u/s 417, IPC, but where, in pursuance of the deception, property is delivered, offence is punishable u/s 420, IPC...........
