Will -- Burden of proof - Propounder has to prove the execution of Will and is further required to remove the suspicion by leading sufficient and cogent evidence - However, if defence of fraud, coercion or undue influence is raised, the burden would be on the caveator...........
Consumer Protection Act, 1986, Section 21(b), 25,27,27A -- Execution proceedings - Alternative remedy - Revision maintainability - Impugned order of the State Commission has been passed in the execution proceedings u/s 25 and 27 of the Act - An appeal lies against the impugned order u/s 27A of the Act - When an equally efficacious remedy has been provided by way of an..........
Civil Procedure Code, 1908, Order 21, Rule 84,85 -- Execution sale - Payment of 25% of bid amount - Held, mandate of O.21.Rr.84 & 85 of the Code is to ensure that 25% of the bid amount is paid on date of auction itself - Provisions are mandatory...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of decree - Objections of auction purchasers rejected - Period of 99 years of lease created through lease deed dated 23.11.1911 has expired on 22.11.2010 - Courts below had already held in favour of petitioner that auction purchaser would be having right till 22.10.2010 - Said period has already expired and as..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Personal necessity - Eviction of tenant ordered on ground of personal necessity of landlord - Tenant prayed for reasonable time to vacate demised premises - Held, nine months time granted to vacate demised premises on making payments of arrears of rent - Tenant shall keep on paying future rent in advance - In case..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - J.D. (Gram Panchayat) in no mood to comply with the terms of the judgment and decree - Gram Panchayat not an individual and its Sarpanch changed in year 2008 - Before taking any punitive steps against Sarpanch so as to send him to civil imprisonment some more time is required to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58, 97 -- Execution proceedings - Remedies available u/rr 58 and 97 of O.21 CPC - Scope of - Held, remedies are of limited scope - It is only when a person has no grievance about a decree to which he is a party, but only about execution thereof, that he can take recourse to such remedies...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- (Andhra Pradesh Amendment) Execution of decree - Judgment-debtor was not even given an opportunity to furnish value of property - Record discloses that even court did not make necessary efforts to ascertain value from registrar's office - Held, entire execution proceedings become void in case violation of O.21.R.66 CPC is..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58, 97 -- Auction sale - Setting aside - Separate suit - Party to original suit alone is precluded from instituting separate suit - A person who is brought on record as legal representative and that too at the stage of execution cannot be prohibited from instituting separate suit challenging sale conducted in..........
Will -- Legal requirements for proving execution of Will - Summarised : (1) A Will like any other document is to be proved in terms of provisions of Indian Succession Act and the Indian Evidence Act; (2) Onus of proving the Will is on the propounder; (3) Testamentary capability of the propounder must also be established; (4) The execution of the Will by the testator has to..........
