Will -- Proof - Onus lies on propounder not only to prove due execution but dispel from mind of Court, all suspicious circumstances which cast doubt on the free disposing mind of testator...........
Will -- Proof - Deprivation of natural heir - May not amount to suspicious circumstance as whole idea behind execution of will is to interfere with normal line of succession - However, prudence requires reason for denying benefit of inheritance to natural heirs and absence of it, though not invalidate will in all cases but shrouds disposition with suspicion as it does not..........
Will -- Proof - When unusual features appear in a Will or unnatural circumstances shroud its execution, Court must undertake a close scrutiny and make an overall assessment of unusual circumstances before accepting Will...........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - Settlement took place between parties outside Court, during pendency of execution proceedings - Executing Court shall issue a certificate of refund to decree holder to seek full refund of Court fees from Collector...........
Civil Procedure Code, 1908, Section 64, 47, 151, Order 21, Rule 58 -- Execution - Auction sale - Objections - Appellant purchased the property from JD having knowledge about its attachment in suit itself - Attachment thus, effected much prior to sale deed obtained by appellant - Attachment prevail over sale deed - Sale deed is void...........
General power of attorney -- Execution of sale deed by general power of attorney holder - Sale deed names the principals as executants and not power of attorney holder who allegedly represented them and signed the sale deeds on their behalf - Court does not agree with the view held in Rajni Tandon vs. Dulal Ranjan Ghosh Dastidar and another, 2009(3) Apex Court Judgments..........
Will -- Suspicious circumstances - First Appellate Court did not provide an opportunity to appellant to explain suspicious circumstances surrounding Will - Propounder of Will was successful in proving execution of Will - In the absence of any specific challenge in the suit regarding genuineness of Will, First Appellate Court could not have entertained the plea of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35(3) -- Execution - Decree for specific performance - If defendant has raised any construction after passing of decree or created encumbrances, it is not beyond jurisdiction of Executing Court to issue direction to remove such obstacle and ensure delivery of possession free from all encumbrances...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment rejected on the ground of res judicata without going into merits of case - Order rejecting application set aside - Trial Court directed to consider application after providing an opportunity to all the parties and in accordance with law...........
Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Execution - Decree of restitution of conjugal rights - It is not necessary for wife/DH to establish that there is willful disobedience of decree on the part of husband/JD - Court gets jurisdiction to pass a direction for periodical payments when JD fails to obey decree within time limit provided - If no such time limit..........
