Will -- Suspicious circumstances - Testator expressed his desire to execute Will in favour of DW4 in presence of plaintiff - DW4 stated that plaintiff agreed to wish of testator - One of attesting witness of Will and scribe corroborated the statement of DW4 - Testator was mentally and physically sound at the time of execution of Will - Will executed by testator of his own..........
Will -- Execution - Proof - One of attesting witness has died and second witness has shifted to foreign country, thus, S.68 of Evidence Act is not applicable. (Evidence Act, 1872, S.68)..........
Will -- Execution - Proof - Non availability of attesting witnesses - Will has to be proved in accordance with S.69 of Evidence Act. (Evidence Act, 1872, S.69)...........
Will -- Execution - Proof - Non availability of attesting witnesses - Will has to be proved in accordance with S.69 of Evidence Act - Propounder has to satisfy two requirements, viz. (i) attestation of one attesting witness at least is in his hand writing; (ii) the signatures of the person executing the document is in the hand writing of that person or in other words,..........
Will -- Execution - Proof - Non availability of attesting witnesses - Will registered - Evidence of Sub-Registrar that he knew testator as he was Chowkidar of the village and he also personally knew attesting witness as he was Lambardar of the village and that Will was read over to testator and testator acknowledged correctness of the same - Scribe also examined who stated..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff having means but not actually willing to perform his part of contract - Plaintiff not paid the balance sale consideration within stipulated time of 15 days for execution of sale deed - Plaintiff held, not entitled to decree of specific performance. (Specific Relief Act, 1963, Ss.16(c), 20)...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Work contract - "No Dues/No Claim Certificate" issued by contractee on receiving full amount of final bills - Contractee after a gap of one month withdrew "No Dues/No Claim Certificate" on the grounds of coercion and duress - No evidence on record that said certificate was issued under..........
Agreement to sell -- Specific performance - Suit dismissed holding agreement to be forged and fabricated document - Validity - Stamp paper on which agreement was scribed is shown to have been purchased by husband of defendant no.1 - Stamp vendor not examined - Agreement not scribed by regular deed writer - It has been scribed on stamp paper purchased for execution of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Execution proceedings - Enforcement of arbitral award - JD and award holder entered into tripartite agreement with third party - Such agreement created valuable rights in favour of third party in respect of subject matter of dispute - Prima facie third party thus, has a right to get his claim made on..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Enforcement of arbitral award - Once an application is filed for enforcement of an arbitral award before Court, said execution proceeding takes colour of a regular civil proceeding and comes within domain of CPC - All trappings of CPC thus, ought to apply to such an execution proceeding including..........
