Civil Procedure Code, 1908, Order 47 -- Private Ltd. Company - Decree against - Execution of decree - Whether decree obtained against private company can be executed against personal property of its managing director? - Held, decree passed against a private company which being a distinct legal entity it cannot be executed against its managing director or directors and..........
Will -- Execution - Proof - One attesting witness and scribe examined - Attesting witness did not state specifically that testator had seen him signing the will - Attesting witness did not state that testator signed the will in the presence of other attesting witness or the latter signed the will in the presence of testator - Held, Will not proved...........
Will -- Execution - Proof of - Execution must be proved by atleast one attesting witness, hence, while making attestation, there must be an animus attestandi, on the part of attesting witness. Cases referred: Commissioner Income Tax v. Arvind Mills Ltd., 1992 Supp (2) SCC 190 : (1992) 193 ITR 255 (Para 28) Indian Molasses Co. P. Ltd. v. Commissioner Income Tax, AIR 1959..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Section 16, 69, 21 - - Execution proceedings - Reference to Lok Adalat - Refund of court fee - Held, decree holder is not entitled to refund of court fee paid on plaint on account of compromise arrived at between parties before Lok Adalat on a reference made to it in execution petition...........
Requisitioning and Acquisition of Immovable Property Act, 1952, Section 8 -- Land acquisition by defence - Compensation - Arbitrator appointed for determination of claimant and amount of compensation - Arbitrator determining amount of compensation and awarding same to respondent on the basis of will - Land was acquired in the year 1970 whereas Will was executed in the year..........
Civil Procedure Code, 1908, Section 60(i)(ccc) -- Execution - Only residential house - Exemption from attachment - Objection as to - To be decided at the first instance before proceeding with the sale of property - Proceedings without deciding the objections are non-est in the eyes of law and deserve to be set aside...........
Will -- Presence of beneficiary - No proof as to participation of beneficiary in execution of Will - Mere presence of beneficiary is not a suspicious circumstance...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Any person can resist or obstruct the execution of a decree of possession of the property by moving an application before the Court concerned, which shall be adjudicated upon in accordance with law...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Resistance or obstruction - Application U.O.21.R.97 CPC - To be decided on merits - Rejection of application only on the ground that since objector has been party through his predecessor, hence has no right to resist his dispossession at this stage - Unsustainable - Quashed - Execution Court to decide application..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Money decree or order for payment of money - Contempt jurisdiction either under Contempt of Courts Act, 1971 or U.O.39.R.2-A CPC not to be used for enforcement of money decrees or directions/orders of repayment of money - The process and concept of execution is different from process and concept of action for..........