Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Petition in writing by a person who is acquainted with the facts of the case and not necessarily by the very same person, who may have been authorized to institute the original suit proceedings - Held, execution petition is maintainable...........
Stamp Act, 1899, Section 2(10), Article 23A -- Suit for specific performance - Agreement to sell - Cannot be termed as conveyance as defined u/s 2(10) of the Act - That being so, agreement to sell in question not creating any right, title and interest over suit property, except cause of action asking for execution of sale deed, Art.23-A of Sch.1A of the Act, not attracted...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Though essential requirement of agreeing execution of agreement to sale and receiving of earnest money by vendor is proved but subsequent part required for fulfilling contract by making complete balance payment to defendants and also by proving readiness and willingness on part of plaintiff..........
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3) -- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad..........
Will -- Due execution - Merely because attesting witnesses have identified their respective signatures and signatures of testator alone, does not prove the Will, as both the witnesses ought to have or at least one of them should state that testator read the Will, understood the same and then put his signatures - Will, held, not proved...........
Will -- Suspicious circumstance - Thumb impressions of testator on left side of paper/will - It depends upon practice by a particular deed writer as to whether he takes signatures/thumb impressions of testator on left side, right side or middle of paper - It is not a suspicious circumstance about execution of Will for the reason that two more thumb impressions of testator..........
Will -- Due execution - Photograph of testator and marginal witnesses at the time of registration of Will - Though registration of Will in itself is sufficient to draw conclusion about its genuineness and validity but certainly photograph of testator and marginal witnesses at the time of registration is a factor which proves that it is a legal and valid Will executed by..........
Will -- Proof - Testator unmarried and issueless - Will executed in favour of nephews and one grandson - Testator was healthy and in sound disposing mind at the time of execution of Will and also put his thumb impression in register and on the Will - Plaintiff failed to produce any evidence to rebut the contention of defendants that Will bears thumb impression of testator..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Conspiracy conferring undue advantage upon owners of land - Four agreements to sell - Agreement unilateral as they did not bear the signature of appellants and such agreements recovered from the vendors themselves - Mere execution of such agreements cannot be..........
Agreement to sell -- Specific performance - Legal notice for execution of sale deed by proposed vendee - No requirement in law for the proposed vendee to serve a legal notice upon the proposed vendor either within a particular period of time or even before filing of suit for specific performance...........
