Will -- Suspicious circumstances - At foot of the Will, there is no mention that Will was prepared by PW2 - There is also no remark in Will that contents were read over to testatrix and she admitted them to be correct - Held, it is well settled that if contents were not read over to testatrix, it has to be presumed that she was not fully aware of contents of Will - It is..........
Will -- Suspicious circumstances - As per PW2, plaintiff was all along present at time of execution of Will - Plaintiff being one among beneficiaries of Will has taken active part in execution of Will - Held, in given circumstances it would also raise suspicion on genuineness of Will...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Partition - Means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of a Court...........
Agreement to sell -- Suit for specific performance - Concluded contract - (i) the intention of the parties should be gathered from the language of the document; (ii) Whether an agreement is a completed bargain or merely a provisional arrangement depends on the intention of the parties; (iii) A reference to a future formal agreement will not prevent a binding bargain..........
Agreement to sell -- Suit for specific performance - Concluded contract - To constitute a definite and concluded contract of a sale agreement, there shall be an offer and acceptance, agreement on a definite sale price and an agreed period of time for the execution of the agreement - If a document contemplates, that on a fulfillment of a condition, execution of a further..........
Will -- Suspicious circumstances - Testator aged about 45 years - Normally at the age of forty five years it is not expected from a person, who is not suffering from incurable ailment, to execute a Will - Testator not suffering with any dreadful disease which could cause apprehension in his mind about premature or early death - This view weighed heavily against execution..........
Punjab Security of Land Tenures Act, 1953, Section 9, 11, 12 -- Execution of Pattanama - Determination of rent - Assistant Collector 1st Grade directed tenant to execute Qabuliatnama/Pattanama and to pay rent in respect of land in dispute not exceeding 1/3rd of the crop of such land or value thereof as determined in prescribed manner - Appellate/Revisional Authorities also..........
Civil Procedure Code, 1908, Section 58(2) -- Execution - Death of J.D. - Decree can be executed against estate of deceased inherited by his heirs/legal representatives...........
Civil Procedure Code, 1908, Section 58(2) -- Execution - Non payment of decretal amount - J.D. undergoing civil imprisonment - By undergoing civil imprisonment debt does not stand discharged - It can be recovered from assets which are later on detected or achieved by the judgment debtor at a later stage...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections u/s 47 CPC - Available only when decree is void ab initio and a nullity, as also on the ground that the decree is incapable of executing, having been passed in ignorance of a provision of law or that a law was promulgated after its passing making it inexecutable...........
