Agreement to sell -- Specific performance - Readiness and willingness - Defendant received part consideration on the very same day of execution of agreement and additional amount within 3 months from date of such agreement - Plaintiff always ready and willing to perform her part of contract, as she repeatedly requesting defendant to perform his part of contract but..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Power to stay execution of a decree vests in executing Court itself and is not dependent upon any order of stay being passed by a superior Court or by a Court before which an appeal may be pending...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Mere fact that there was no specific reference to provision of O.21.R.29 CPC in the application, would not be fatal for Court to consider as to whether powers conferred thereunder were liable to be exercised or not...........
Will -- When execution and registration of Will is not in dispute, there is no necessity for examining attesting witness(es)...........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Order directing sale of property - Plea of JD that auction of part of land can satisfy decree is without any substance, as it is impossible for executing Court to segregate particular portion thereof - Only clearly demarcated piece of land is likely to fetch bidders - Moreover, if land fetches..........
Limitation Act, 1963, Section 14 -- Exclusion of time - Expression "prosecuting with due diligence and in good faith" - Not confined only to time in which execution proceedings was initiated or time in which execution petition was filed/Civil proceedings were initiated - In order to get benefit of S.14 of the Act, party who claims benefit should show and satisfy that he..........
Succession Act, 1925, Section 276 -- Will - Letters of administration - Petitioner through his affidavit proved that testator was in sound disposing mind at time of signing Will, which was duly executed by him in presence of witnesses - Death certificate of testator proved on record - No objection on record regarding execution of Will - Thus, petitioner succeeded in..........
Probation of Offenders Act, 1958, Section 3 -- `Probation' means conditional suspension or imposition or execution of sentences by Court in selected cases, especially of young offenders who are not sent to prison but are released on probation either after simple admonition as contemplated u/s 3 of the Act or on a bond, with or without sureties to keep peace and be of good..........
Will -- Proof of - Will produced by defendant no.1 not proved in accordance with law, as execution of Will denied by attesting witness DW4 - DW4 further deposed that Will is forged document and signatures were obtained in blank papers by misrepresentation - Alleged Will become suspicious and not proved by attesting witnesses - Will held, not proved...........
Will -- Probate - Will executed in favour of two sons/petitioners duly proved by one of attesting witness - Attesting witness proved that testator was in sound and healthy disposing mind at time of execution of Will - Cross-examination of attesting witness elicited nothing which detract from due execution, attestation and registration of Will - Will was executed with free..........
