Indian Penal Code, 1860, Section 307 -- Attempt to murder - It is sufficient to justify a conviction u/s 307 IPC if there is present an intent coupled with some overt act in execution thereof - It is not essential that bodily injury capable of causing death should have been inflicted...........
Civil Procedure Code, 1908, Order 21, Rule 37(2) -- Execution - Detention in prison - Arrest warrant can be issued when in spite of sending the notice J.D. fails to make his appearance or deliberately involves in avoiding to receive the notice and attending the Court for the purpose of protracting the matter or not deciding the question of means - In such a case the..........
Will -- Suspicious circumstances - According to attesting witnesses testatrix herself had read Will before signing - However, as per endorsement in the Will, Will was read over and explained to the testatrix and she admitted that contents were same as she had willed - This is a material contradiction which creates a serious doubt on the authenticity of Will - Will was..........
Limitation Act, 1963, Article 59 -- Cancellation of gift deed - Suit not filed within three years of execution of gift deed nor within three years from date of knowledge - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 128 -- Auction sale - Application for setting aside - Maintainability - Claim of petitioner that he has better title by way of title deed - Held, title flowing from title deed would remain unaffected by sale conducted in execution if such better title is established - Petitioner should have..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections after attachment and sale - Not maintainable - Frivolous applications filed in the execution petition - Petition dismissed with costs of Rs.5,000/-...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 -- Sale of property in execution of Recovery Certificate - Sale confirmed in the year 2006 - Appellants put in possession of the property - High Court set aside sale on the ground that a fair and transparent procedure not adopted and ordered re-auction where higher bid received - In the meantime six years..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Deposit of the requisite amount in Court is a condition precedent or a sine qua non to an application for setting aside execution of sale and such a amount must be paid within a period specified in the rule - If the deposit is made after the time limit, the application must be dismissed -..........
Constitution of India, 1950, Article 226, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Unauthorized occupant - Eviction - Validity - Petitioners and others are in unauthorized occupation of part of street - Order of eviction passed in a fresh petition filed u/s.7 of the 1961 Act and not in execution proceedings - Petitioners guilty of making false..........
Evidence Act, 1872, Section 3 -- Execution or preparation of a document can be decided sometimes even without there being necessary signatures...........
