Will -- Due execution - Will not required to be got scribed from a professional scribe or it is not required to be registered, as Will is a document which is to be executed as per wishes of testator...........
Will -- Proof of - Will in favour of three sons and widow to the exclusion of daughters - Due execution of Will proved in accordance with law - Requirement of S.68 of Evidence Act complied with - Mutation sanctioned on the basis of Will in presence of plaintiffs and other sisters - No doubt arises as to validity of Will...........
Will -- Proof of - PW1 attesting witness of Will not proved the presence and signature of other attesting witness of Will - No other person except Advocate and testator was there at the time of execution of Will - Requirement of S.63(c) of Evidence Act therefore, not complied with - Will not proved...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Illegal construction over common wall - D.H. himself not allowing demolition of wall on the ground floor as it will result into collapse of house of J.D. and also house of decree holder - Even assuming that said wall belongs to D.H. even then Executing Court was to first find out..........
Negotiable Instruments Act, 1881, Section 118(a) -- Promissory note - Presumption - Recovery suit - Execution of promissory note is not disputed by defendant, though he denied consideration and attestation - Suit promissory note is not a compulsorily attestable document - Since execution of promissory note admitted by defendant, burden is on defendants to prove his case,..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Clause 19 of contract clearly stated that no escalation is permissible to contractor for increase in wages of labour due to statutory hike during execution of contract - Since respondent voluntarily agreed before accepting contract, any departure cannot be allowed - Even..........
Agreement to sell -- Specific performance - Delivery of possession of property upon execution of sale deed - Absence of specific stipulation in agreement as to delivery of possession to the buyer upon execution of sale deed - Unless contrary is proved, it must be deemed that seller has impliedly agreed to deliver possession of property to purchaser, upon execution of sale..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 23(1) -- Execution - Objection as to executability of decree - Objection not raised after service of notice U.O.21.R.22 CPC - Objection as to executability of decree cannot be raised at a later stage...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Suit for declaration, possession and mandatory injunction - Direction for removal of construction by Executing Court - Validity - Executing Court while executing a decree for possession is entitled to pass such incidental, ancillary or necessary orders for effective enforcement of decree..........
Will -- Burden of proof - Burden lies on defendants to prove execution of Will as they asserted Will and there is a special procedure prescribed for proof of execution of a Will...........
