Will -- Execution - Proof - It is only after the executant puts his signature, the attesting witnesses shall put their signatures in the presence of the executant...........
Will -- Execution - Proof - Execution of a document does not mean mechanical act of signing the document or getting it signed, but an intelligent appreciation of the contents of the document and signing it in token of acceptance of those contents...........
Will -- Execution - Proof of Will stands at a higher degree in comparison to other documents - There must be a clear evidence of the attesting witnesses or other witnesses that contents of Will were read over to the executant and he, after admitting the same to be correct, puts his signature in presence of the witnesses - It is only after the executant puts his signature,..........
Specific Relief Act, 1963, Section 16, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Specific performance of agreement - Whether suit is for land? - In instant case, respondent took possession of assets and later entered into Private Treaty Agreement with appellant for sale of said property by execution..........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Mortgage of property to tenant - Tenancy merges with mortgage - There is implied surrender of tenancy at the time of creation of mortgage - After redemption of mortgage, tenancy does not revive and tenant cannot claim any right to remain in possession of tenanted premises, in absence of execution of..........
Agreement to sell -- Specific performance - Grant of relief of specific performance - Law as to : (1) Even when alternative prayer is made in a suit the same cannot be construed to be a waiver or abandonment of his main claim; (2) Mere lapse of time and inadequate consideration on that count are no grounds to exercise discretion u/s 20 of Specific Relief Act; (3) Once the..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35 -- Execution - Objections - J.D. by repeated applications obstructing and frustrating execution of decree - J.D. creating unwarranted hurdles in the execution of decree - Held, making of such repeated applications, particularly frivolous applications, is certainly not the right of any J.D. - Exemplary costs of..........
Civil Procedure Code, 1908, Section 151 -- Amendment of decree - Suit for mandatory injunction - No dimensions were given in the plaint nor did the plaint refer to any sketch - Judgment and decree also did not refer to any dimensions of chhajja in question nor did it incorporate or refer to any sketch from which dimensions can be gathered - Application preferred u/s 151..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Executing Court can allow objection u/s 47 CPC to the executability of decree, if it is found that same is void ab initio and nullity, apart from the ground that decree is not capable of execution under law either because the same was passed in ignorance of such a provision of law or the law was promulgated..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objection - Once the compromise decree is clear and unambiguous and the same has attained finality, executing Court cannot traverse beyond the said decree unless the same is a nullity or without jurisdiction - Court below committed error by allowing application u/s 47 CPC, as object of S.47 CPC is to..........
