Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36 -- Execution - Arbitration award - Objections - None of the objections sought were raised before Arbitrator or before trial Court u/s 34 of Arbitration Act - Said Objections cannot be allowed to be raised in execution once award became final and attained finality as decree of civil..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, Arbitration and Conciliation Act, 1996, Section 36 -- Execution - Arbitral award - Mode of payment - Payment of decretal dues made by JD not certified by Court as contemplated U.O.21.R.2 CPC - There was neither any evidence to prove factum of payment except one copy of statement which also remained unproved - Payment made by..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Registered agreement to sell - Non compliance of agreement - Nature of dispute purely of civil nature - Case for specific performance already filed - Moreover, FIR was lodged prior to the date fixed for execution of registered sale deed - FIR quashed...........
Will -- Proof of - Once an attesting witness is examined and his statement, if read holistically, shows proof of execution and attestation of Will then Will should be held to be proved...........
Will -- Probate - Grant of - One of attesting witnesses of Will, PW2 proved that testator had signed and thumb marked the Will in his presence and he also signed the Will as an attesting witness - No evidence led by respondents - There is nil cross-examination of PW2 on record - Petitioner successfully proved due execution and attestation of Will - Probate of Will granted..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where certain plea is raised and decided in execution proceedings and order thereon attained finality, same plea cannot be allowed to be agitated again by filing a separate suit, as it is barred by law of res judicata...........
Civil Procedure Code, 1908, Section 47 -- Compromise decree - Setting aside - Challenge to sale deed and delivery of possession of suit property by way of separate suit, which was given to petitioner in execution proceeding of compromise decree - Not maintainable - Proper remedy is to challenge the same before executing Court itself u/s 47 CPC...........
Will -- In favour of mother excluding wife - Relationship between defendant wife and testator not cordial at all - Defendant left testator and filed criminal cases against testator as a result he was taken to custody - It is thus unexpected for a man to forget everything and to forgive the wife on the day of execution of Will - Evidence on record shows that testator had..........
Will -- Execution - One of attesting witness of Will proved due execution of Will - Testator was hale and hearty at the time of execution of Will - Requirement u/s 63 of Succession Act has been fulfilled and satisfied by propounder of Will - Burden shifts on defendant to prove that Will is not genuine - However, no element is available from evidence of DW - Slight variance..........
Agreement to sell -- Specific performance - Proof of agreement to sell - Decree for refund of earnest money passed - Appellate Court reversed the decree and granted decree of specific performance - Since defendant did not challenge decree of trial Court for refund of earnest money as such execution of agreement to sell and receipt of part of sale consideration in pursuance..........
