Agreement to sell -- Specific performance - Plea of hardship - Cannot be accepted in absence of any pleadings - Moreover defendant at the time of execution of agreement to sell in question was well aware of fact that he was not having any other house and he had agreed to sell the same in his own wisdom and thus cannot be given any benefit on this account - Plea not..........
Criminal Procedure Code, 1973, Section 60, 167(2) -- Escaped prisoner - Committing offence in another State - Granted default bail u/s 167(2) Cr.P.C. - Held, petitioner is not entitled to the relief of being released forthwith - Being a convicted prisoner, his movements can be restricted, till the execution of the sentence is completed...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal from decree - Stay of decree - Imposition of condition - Held, appellant cannot be heard to contend that it accepts order insofar as it stays execution but objects to conditions...........
Will -- Execution - Registration of Will does not create any presumption of its genuineness, which is to be proved independently and statement of Registrar is only a piece of evidence which is to be assessed to judge how far it proves that execution of Will is in accordance with S.63 of Succession Act...........
Agreement to sell -- Specific performance - Execution of agreement duly proved - No evidence on record to suggest that defendant was not aware of consequences of execution of agreement to sell - Defendant has other properties also - Defendant could not establish case of exercise of discretion in favour of plaintiff u/s 20 of Specific Relief Act - Specific performance..........
Will -- Suspicious circumstances - Signature of testator forged - Will was stated to be kept with an attestor who deposed in favour of wife of defendant No.2 in maintenance suit filed by her against testator and defendants, which is a suspicious circumstance - Execution of said Will not made known to relatives of testator for about one year - It was produced in Court by..........
Indian Contract Act, 1872, Section 11, Transfer of Property Act, 1882, Section 58(b), 58(d) -- Mortgage in favour of minor - Validity - Mortgage deed executed by uncle of appellant in favour of deceased mother of appellant as collateral security towards dowry amount - At time of execution and registration of document, age of mortgagee, deceased mother of appellant was 15..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Execution - First execution application dismissed in default - The same was not decided and adjudicated on merits - Held, second execution application not barred by principle of res judicata...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of the judgment, order and decree - It has the same effect as stay of execution of decree - Power of stay of operation of judgment, order and decree may not be technically available U.O.41.R.5 CPC but is traceable to S.151 CPC - Wherever any judgment, order and decree is likely to visit a party with civil..........
Will -- Two Wills - First Will registered and cancelled by registered cancellation deed - Execution of second Will thereafter - Once a Will is superseded then it is the second Will, the execution of which has to be proved irrespective of the fact whether registered cancellation deed is proved or not - Second Will surrounded by suspicious circumstances as there was no..........
