Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Requirement of O.21.R.2 CPC can only be applied in case incriminating facts in paying and receiving amount in question are certified by Court U.O.22.R.2 CPC - In the event of no certification, provision cannot be relied...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is a nullity can be subject matter of objection u/s 47 CPC - Decree which is even erroneous either in law or on facts cannot be made subject matter of objections u/s 47 CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Decree for possession and permanent injunction - Objection filed by JD after issuance of warrants of possession - Objection that compromise arrived at between parties where by DH agreed to transfer her ownership in property in question of JD and payment received therein by JD - Objection rejected, as..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell - Dominion of property not entrusted to buyer - Property neither of some other person nor accused was holding such property on trust for other person - Non execution of sale deed or no, refund of earnest money - Does not amount to criminal breach of trust...........
Registration Act, 1908, Section 57, 60 -- Registered document - By itself does not constitute sufficient proof of execution of document - However, Ss.57, 60 of the Act states that certified copy and certificate issued by Registrar would constitute sufficient evidence to prove contents of document and to some extent, it is an evidence of due execution of the document...........
Evidence Act, 1872, Section 67, Registration Act, 1908, Section 57, 60 -- As per Ss.57, 60 of Registration Act and S.67 of Evidence Act, mere production of a certified copy of a document registered may not be enough to prove the execution of document - However, it is sufficient to prove contents of document - Certificate issued by Registrar u/s.60 of Registration Act is..........
Will -- Attestation - S.63(c) of Succession Act require an acknowledgement of execution by testator followed by attestation of Will in his presence - Acknowledgement may assume the form of express words or conduct or both, provided they unequivocally prove an acknowledgement on part of testator. (Succession Act, 1925, S.63(c)...........
Will -- Proof of - Will in question is a document of two sheets and both these sheets must bear thumb impression of testator - However, attesting witnesses of Will do not depose that testator affixed his thumb marks on both the sheets - Testimony of one of attesting witness of Will reveals that neither he had seen testator signing or affixing thumb impression on Will nor..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - O.21.R.32 CPC in respect of intention violation requires stricter proof of dispossession with reference to date, time, place and manner of dispossession - Expression `the act requires to be done' would arise when factum of intentional dispossession is..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - DH not pleaded material particulars with regard to disobedience and dispossession in application U.21.R.32 CPC - Factum of dispossession as alleged by DH would remain on debatable note - Impugned order of allowing application U.O.21.R.32 CPC set..........
