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1 - 10 of 10 (0.21 seconds)Chanda (Dead) Through Lrs vs Rattni & Anr on 23 March, 2007
In the case of Chanda (Dead) Through L.Rs vs. Rattni and
another, reported in 2007 AIR (SC) 1514, relied upon by learned
counsel for the respondents, wherein the Supreme Court has
observed the conduct of the decree holder in not depositing the
amount and observed that it is full of malafide. In the cited case, the
decree holder has not deposited the amount for six years.
Section 148 in The Code of Civil Procedure, 1908 [Entire Act]
Maruti Vishnu Kshirsagar vs Bapu Keshav Jadhav on 17 December, 1969
In the judgment of this Court in Maruti Vishnu
Kshirsagar v. Bapu Keshav Jadhav, reported in AIR 1970
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Bombay 398, which has been held to be a correct view by the
Apex Court in its judgment in Ramankutty Guptan v. Avara
reported in AIR 1994 SC 1699, a decree for specific
performance of contract was passed on 27-8-1964 and the
direction was given to the decree-holder to deposit an amount
of Rs.700/- within a period of three months of the decree. In
Civil Appeal No.376 of 1964, the Appellate Court, by its
judgment and order dated 13-8-1965, modified the decree
directing deposit of the amount within a period of one month.
The period of one month expired on 13-9-1965, but the
amount of balance consideration was not deposited by the
decree-holder. The decree-holder deposited the amount on
21-9-1965.
Ramankutty Gupta vs Avara on 3 February, 1994
The Executing Court on 10-3-1966 condoned the delay and
accepted the deposit. In appeal, the said order was set aside,
against which approach was made to this Court. It has been
held in the said judgment that the fixation of time is an
incidental direction and granting extension of time does not
result in the amendment of the decree. It has been further
held that the Court has power to grant extension of time upon
sufficient reasons being shown. A specific objection was
raised that the application ought to have been filed before the
Trial Court, but it was filed before the Executing Court and the
said application could not have been decided by the
Executing Court. It has been held that the Executing Court
and the Trial Court being same and the suit having not been
completely disposed of, the application for condonation of
delay must be held to have been considered as a separate
application made to the Trial Court.
Yeshoda & Anr vs K. Nagarajan on 25 September, 1996
ii) Yeshoda and another vs. K. Nagarajan, reported in (1996) 11
SCC 228;
The Code of Civil Procedure, 1908
The Limitation Act, 1963
Section 5 in The Specific Relief Act, 1963 [Entire Act]
Bhupinder Kumar vs Angrej Singh on 28 August, 2009
iii) Bhupinder Kumar vs. Angrej Singh, reported in 2009 (8) SCC
766;
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