Will -- Suspicious circumstances - Execution of Will in favour of sons to the exclusion of daughters - Plaintiffs contended that testatrix was not competent to execute Will as she was bed ridden for 15 years prior to her death - However no evidence let alone any medical evidence has been led by plaintiffs in this regard - Reasons were duly given in Will by testatrix for..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that he was present before office of sub-Registrar on the date of execution of sale deed but on the verbal assurance of defendant 15 days time was extended for execution of sale deed - Defendant did not execute sale deed even after said 15 days - However, plaintiff did not get his..........
Succession Act, 1925, Section 276 -- Probate - Will - In a proceeding for grant of probate, more so when it is contested, Court is required to decide as to whether testator had physical and mental capacity and soundness of mind to execute Will in question - Will must be attested by two independent witnesses and there must be no suspicious circumstances surrounding..........
Succession Act, 1925, Section 276 -- Probate - Will - Execution of Will has been duly proved by two independent witnesses who are scribe and attesting witnesses - Respondents have not even suggested any suspicious circumstances in execution of Will - Ingredients of S.276 of the Act fulfilled - Probate granted...........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Show cause notice U.O.21.R.22 CPC - When notice was issued U.O.21.R.22 CPC to JDs, counter filed by them has to be considered before passing proceeding further in execution petition...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Executor of Will did not take any steps to obtain probate of Will - Executor disputed validity of Will and contended that testator was not in sound mind at the time of execution of Will and was suffering from different ailments since early 1995 and had no capacity to dispose - Thus, in such..........
Will -- Proof of - Evidence of two attesting witnesses goes to establish that testator was capable of making Wills as per S.59 of Succession Act - Same was executed in accordance with provisions contained in S.63 of Succession Act and proof of Execution of Will was in accordance with S.68 of Evidence Act - Executor although has alleged that testator was not in sound state..........
Will -- Suspicious circumstance - Difference of signature of Testator in executing sale deed and agreement for sale and execution of Will - Evidence of attesting witnesses is on record that testator signed Will in their presence - Executor who asserted that Will was not signed by testator, onus is upon him to prove the same by adducing evidence but no evidence is adduced..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Cheques neither issued nor signed by appellants, nor they had any role in their execution - No material on record that they were responsible for issuance of cheques in question - Their involvement in the company's affairs was purely non-executive, confined to..........
