Suits Valuation Act, 1887 -- Plaintiff claiming share in property left by his mother - Defendants, other sons and daughters, took plea that their mother executed Will in their favour while divesting plaintiff from suit property - Plaintiff clearly knew of execution of Will after demise of his mother but remained reluctant in asserting his right for 17 years - Validity of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 468, 471, 447, 511, 120B -- Anticipatory bail - Cheating - Property dispute - Entire dispute between parties is regarding execution of various documents which both parties claim to be forged and fabricated - Said fact can be decided only during course of trial - Without commenting..........
Will -- Suspicious circumstance - Registration of Will after 5 days of its execution - Would not make the Will doubtful, as registration of testamentary document would always depend upon availability of Sub-Registrar, who may not be available on particular date...........
Civil Procedure Code, 1908, Order 21, Rule 37, 66 -- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra ordinary remedies and..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Starting point of limitation for instituting suit for cancellation of transfer deed would commence from date of knowledge of registration of document and not from date of execution of same...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Copy of affidavit - Execution of affidavit has been proved and the original of same was also proved to be lost - It is therefore, required to be proved by leading secondary evidence - Application rightly allowed...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff alleged that he contacted defendant variously for the purpose of execution of sale deed and also sent notice to defendant for the same purpose - However, copy of said notice not filed by plaintiff in suit - Even no dates were brought on record when he requested defendant for execution of sale..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - To prove valid execution of Will in question - Will set up by plaintiff is a registered Will, execution whereof is admitted by defendant - Court below, thus, ought to have permitted plaintiff to lead additional evidence to prove valid execution of Will in the interest of justice - Moreover, no prejudice is..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Maintainability - Execution application at behest of co-sharer, whose land is acquired, seeking enhancement of compensation, without filing reference u/s 18 of Land Acquisition Act, is maintainable...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 12(2) -- Second opinion of expert/CFSL on signatures of Will in dispute - Permissibility - Ordinarily at the stage of evidence of plaintiff, Will in question should not be sent for second opinion on request of defendants, as defendants can lead evidence at the stage of defendant's evidence to rebut the report -..........
