Will -- Execution - Proof - Only one attesting witness examined - No explanation furnished for non examination of second attesting witness - Held, will not proved...........
Evidence Act, 1872, Section 90 -- Documents 30 years old - A document 30 years old prove itself - Proper custody is a condition precedent to the applicability of S.90 of the Act - Proper custody means custody of any individual connected with the deed that his possession of it does not excite any fraud or suspicion - An ancient document ought to be corroborated by some..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Proclamation of sale by public auction in execution of decree - It is mandatory for executing court to determine whether the property, intended to be put on public auction is sufficient to satisfy the decree - Only such part of the land could be ordered to be sold which is sufficient to satisfy the decree - Sale in violation..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Dispossession in violation of decree of permanent injunction - Possession can be restored to D.H. either by compelling JD by attaching his property or by detaining JD in civil imprisonment or by issuing warrants for possession against JD U.O.21.R.32(5) r/w S.151 CPC - Denying relief of restoration of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Agreement to sell and receipt - Alleged to be illegally retained by father of defendant and after his death passed on to defendant - Second evidence - Held, no logic behind the contention that when a purchaser pays money for purchase of property he would hand over the original receipt of money and documents of sale to..........
Stamp Act, 1899, Section 2(1), 2(13), 2(26), 11 -- Schedule 1-A, Article 6, Stamp Rules, 1925, Rules 6, 13(d), 17 - Agreement to sell - To be executed on impressed stamp paper - Its execution on white paper affixed with adhesive stamps is not due execution...........
Agreement to sell -- Specific performance - Payment of substantial amount of earnest money - Date for execution of sale deed fixed beyond period of one year - Not a sufficient reason to suspect the genuineness of the agreement to sell...........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, 11, 12, 13, 14, 17, Limitation Act, 1963, Article 136 -- Execution - New item of property - Amendment of execution application or an application containing an alternative mode of execution or proceeding against a new item of property not already included in the pending execution petition - It is a fresh application for..........
Civil Procedure Code, 1908, Order 38, Rule 11, Limitation Act, 1963, Article 136 -- Attachment before judgment - Further attachment in execution petition not required - However, there can be no order for execution without an application in that behalf - Property attached, if not proceeded against within the period prescribed under article 136 of Limitation Act, attachment..........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is..........
