Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Will - Once defendants had led their entire evidence to prove execution of Will, onus of which was on defendant No.1, then it was right of plaintiff to rebut the said evidence by leading rebuttal evidence...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101 -- Execution - Objections - Allotment of plot - Petitioners are the persons who are likely to be effected by execution of order of allotment of plot passed by co-operative Court - They are required to be heard in the matter - Application allowed to the extent of permitting petitioners to join as party to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 102, 103 -- Execution - Objection by transferee pendente lite - Adjudication of objections raised by transferee pendente lite U.O.21.R.97 CPC itself is not maintainable - Accordingly, no appeal shall lie against the same, as it would not constitute a decree U.O.21.R.103 CPC...........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 101 -- Adoption - Burden of proof - Initial burden of proof is upon adoptive parents to prove the factum of adoption and execution of adoption deed...........
Limitation Act, 1963, Article 57, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Limitation - Suit for declaration that adoption deed is null and void - Suit filed eight years after execution of adoption deed, is barred u/art 57 of Limitation Act - Suit rightly dismissed...........
Will -- Due execution - Execution of Will in favour of one brother to the exclusion of other brothers - Testator and his wife were jointly residing with defendant No.1 and were on very good terms with him, therefore he bequeathed his property to defendant No.1 in lieu of service rendered by him - Reason for exclusion of plaintiff from Will by testator is due to the fact..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Proceedings of title suit and execution are pending before two different Courts - Condition precedent for stay of execution proceedings U.O.21.R.29 CPC is that two proceedings should be pending before same Court - Application U.O.21.R.29 CPC rightly dismissed...........
Will -- Proof - Burden to prove due execution of Will is always on propounder - It is incumbent on propounder of Will to prove that testator had signed Will and had put his signatures out of his free will and that testator was possessed of sound disposition of mind and understood contents of Will...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Non-compliance of decree of restitution of conjugal rights by wife - Conduct of husband in completely ignoring his wife after she suffered miscarriage of their child would have been the proverbial last straw adding to her suffering due to ill-treatment in her matrimonial home - She, therefore, had just..........
Will -- Proof of - Once a testator has admitted the execution of a Will in a proceedings before Court and pleadings are filed and she herself produced the Will in the said suit, there would be no requirement to further establish the authenticity of Will in terms of Ss.67, 68, 70 of Bharatiya Sakshya Adhiniyam...........
