Civil Procedure Code, 1908, Order 34, Rule 14, 15, Civil Procedure Code, 1908, Order 2, Rule 2 -- Subsequent suit not hit by O.2.R.2 or constructive res judicata, unless the cause of action in both suits are same or identical - Suit for satisfaction of hypothecation and suit for sale of mortgaged property between the same parties are maintainable - Consent award in an..........
Civil Procedure Code, 1908, Section 47 - - Execution - Sale - Proceedings coming to an end - If the purchaser is already in possession of property, there is no question of his filing an application for delivery and in such cases execution proceedings cannot be continued after sale - Only if it is necessary to deliver the property pursuant to sale, execution proceedings do..........
Civil Procedure Code, 1908, Section 47 -- Execution - Sale - Proceedings coming to an end - Sale certificate issued in favour of D.H. who was the auction purchaser - Decree Holder sold the property to J.D. - Thus auction purchaser/D.H. lost title to the property - Thereafter D.H. has no right to maintain the delivery application - Application for delivery of property..........
Specific Relief Act, 1963, Section 20 -- Discretion as to decreeing specific performance - Sale agreement was made by defendant when alive and earnest money was also paid - Plea of hardship due to execution of sale deed is not taken by defendant - No reason made out on record to decline the relief to specific performance of agreement and to allow alternative relief -..........
Civil Procedure Code, 1908, Section 16, 20, 21, 151, Order 8, Rule 10 -- Return of Plaint - Question of Jurisdiction - Partnership firm was carrying on transport business - Merely because the partnership deed executed at Place A and Income tax assessment had also been made there is no circumstance to deny jurisdiction of courts at place B - Despite denial by petitioner,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Possession by ejectment - Defendants alleged that they have inherited the suit properties from their fore-fathers who had purchased it from the original owners but failed to produce any document in this regard - From record it is evident that properties were purchased by fore-father of plaintiffs vide sale..........
Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, Rule 4(6) -- Auction sale - Imposition of penal interest on delayed instalments - Amended Rules 2000 enshrine the provision for levy of penal interest - Order of High Court to the extent that penal interest cannot be levied set aside - Allottees directed to pay penal interest from the date..........
Recovery Certificate -- Repayment of loan amount - Plea taken by company that amount which sought to be recovered was a subsidy amount which had been ordered to be released by State Government and same having been wrongly adjusted by Corporation by claiming it from the Government cannot be matter of further recovery - Recovery of subsidy was competent when functioning of..........
Indian Penal Code, 1860, Section 302, 34, 449, Evidence Act, 1872, Section 3 -- Murder - Common intention - Appreciation of evidence - Dispute between over land - Deceased transferred a share of land in favour of accused for a specific sum - Day before execution of sale deed, accused hit the deceased with datar resulting into septicemia due to brain tissue infection and..........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 6, 31 -- Relief of possession - By way of registered sale deed, the property in which plaintiff was co-owner had been sold to defendant by brother of plaintiff by impersonation - Document has been held to be void and no-est in eye in law - Plaintiff was seeking its cancellation but the relief of..........
