Major Port Trust Act, 1963, Section 21 - - Termination of lease - Lease deed executed by Land Manager - Execution of lease deed was as per decision taken by competent authority - Held, lease can be terminated by same authority who executed lease deed, after a decision has been made in that regard by competent authority...........
Will -- Execution - Proof - A person propounding Will has to prove that Will was duly and validly executed - That cannot be done by simply proving that signature on Will was that of testator but must also prove that attestations wee also made properly as required by clause (c) of S.63 of Succession Act...........
Will -- Suspicious circumstances - (i) Will is undated; (ii) Addresses of witnesses have not been mentioned in it; (iii) In evidence could not give time of execution of will; (iv) Will contains incorrect recitals in as much as it has mentioned two married daughters but according to the documents produced by petitioner one daughter was deceased and other was unmarried; (v)..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Amount deposited by J.D. - To be appropriated as per the direction of Court - In the absence of any such direction, amount is adjusted firstly towards interest then towards costs and subsequently towards principal amount due under the decree...........
Civil Procedure Code, 1908, Order 21, Rule 1, Motor Vehicles Act, 1988, Section 18 -- Execution of award of claims tribunal under Motor Vehicles Act - Award passed by claims tribunal is to be treated as a money decree - Executing Court is competent to invoke the beneficial provision of O.21.R.1 CPC...........
Civil Procedure Code, 1908, Section 51 - - Execution - Expression "means" employed in S.51 proviso cl.(b) includes saleable right or interest over any property - If judgment debtor has saleable, movable or immovable property from which sufficient amount can be raised to satisfy decree debt by sale of same save as mentioned u/s.60 proviso C.P.C, it can be held that he has..........
Family Courts Act, 1984 - - Registration - The words "it has been mutually agreed upon" - Indicates that parties had first orally agreed on the terms prior to the execution of family settlement - Oral family arrangement, which was arrived at between the parties, was subsequently drafted, prepared and signed - Held, it does not require compulsory registration...........
Will -- Suspicious circumstances - Will allegedly executed before 5 months of death of testator to the exclusion of his legally wedded wife - No proof that defendants were even closely related to testator - Testator was not in sound disposing state of mind at the time of execution of Will - Marginal witnesses signed the Will first and thereafter it was signed by testator..........
Transfer of Property Act, 1882, Section 54 -- Sale or loan transaction - Execution of sale deed - Non delivery of possession - Does not by itself, or cumulatively with the other factors pointed out by defendant, lead to the conclusion that transaction between parties was not a sale of the suit property, but was a mere loan transaction - So also the fact that the plaintiffs..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92 -- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92..........
