Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Rarest of rare case - Accused not professional killers - Even when deceased was a politician there was no political angle of his killing - There was nothing particularly brutal, grotesque, diabolical, revolting or dastardly in the manner of its execution so as to arouse intense and extreme indignation of the..........
Registration Act, 1908, Section 32, 32A, 34A -- Unilateral cancellation of sale deed - (i) A deed of cancellation of a sale unilaterally executed by the transferor does not create, assign, limit or extinguish any right, title or interest in the property and is of no effect - Such a document does not create any encumbrance in the property already transferred - Hence such a..........
Agreement to Sell -- Suit for specific performance - Execution of agreement denied by defendant and pleaded that if agreement is proved, then it was obtained by fraud and misrepresentation and as security for loan - Held, all these three pleas are self contradictory...........
East Punjab Urban Rent Restriction Act, 1949, Section 17 -- Eviction order - Execution - Tenant fled objection alleging that execution before Rent Controller not maintainable in terms of S.17 of the Act as order of Rent Controller becomes a decree and can be executed by Civil Court only having jurisdiction in area - Objection dismissed sans and merit - Held, in States of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Petitioner filed civil suit and obtained injunction against his dispossession - During pendency of civil suit objections filed by him to execution petition filed by Landlord without withdrawing civil suit - Held, it is a pure and simple case of forum hunting on part of petitioner who has consumed..........
Will -- Execution - Proof - Legal requirements for proving execution of Will summarised as : (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..........
Will -- Suspicious circumstances - Testator was only 46 years of age at the time of execution of the alleged Will - Will written by a deed-writer in Tehsil compound, however, the same was not got registered - There is an over-writing in writing serial number of the register of the deed-writer on the Will - There is no mention in the Will as to why other natural heirs were..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to nullity of decree or its executability can be raised by the parties at any stage even in the execution...........
Civil Procedure Code, 1908, Section 47, 146 -- Execution - Objections - It is not only the parties to the suit but their representatives also that can raise question with regard to executability, discharge or satisfaction of a decree...........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - A subsequent purchaser of the suit property from the judgment debtor would certainly be a `representative' of the said judgment debtor for the purposes of execution of the decree and would be covered by Section 47 CPC...........
