Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed on the ground that plaintiff was ill and undue influence was exercised by defendant - Plaintiff was not proved to be ill on the date of execution of sale deed as alleged - Doctors who had given prescriptions were never produced - None of brother of plaintiff had come in the witness box to..........
Transfer of Property Act, 1882, Section 54 -- Sale - Of immovable property of value less than Rs.100/- - If possession is given, then transfer takes place u/s 54 of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Recovery - Magistrate can either issue a warrant for the levy of amount by attachment and sale of movables of defaulter or to issue a warrant to the Collector, authorizing him to realise the amount as arrears of land revenue - Magistrate can issue both kind of warrants simultaneously also...........
Specific Relief Act, 1963, Section 54, 58 -- Sale of mortgaged property - Mortgaged property is transferable unequivocally, subject to the rights of the mortgagee...........
Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Will -- Expert opinion - Original Will not produced - Direction sought to be issued for production of register of deed writer - Comparison of signatures on photocopy of Will with that of register of deed writer does not arise - Direction cannot be issued for production of register of deed writer as same would be an exercise in futility...........
Agreement to sell -- Specific performance - Direction to defendant to deposit amount received by him towards part of sale consideration to the credit of suit - Order passed without considering version of defendant - Order passed simply extracting apprehension of plaintiff - Order does not indicate application of mind by Court - Impugned order set aside - Matter remitted..........
Evidence Act, 1872, Section 73, 45 -- Comparison of signature/Left Thumb Impression (LTI) - Defendants failed to produce original deed as disclosed in written statement - Copy of documents produced by plaintiff allegedly bearing LTI of executor - Defendants did not admit the purported document - Basis of denial of such document is oral assertion only without any supportive..........
