Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Money decree - Stay of execution - An exceptional case has to be made out for stay of execution of a money decree...........
Civil Procedure Code, 1908, Order 41, Rule 1(3) -- Money decree - Stay of execution - Court while granting stay of execution of the decree must take into consideration the facts and circumstances of the case - Court is not to act arbitrarily either way - If a stay is granted, sufficient cause must be shown, which means that the materials on record are required to be..........
Punjab Security of Land Tenures Act, 1953, Section 14, 14A -- Eviction petition against tenant - Tenant claimed that tenancy ceased to exist on the basis of agreement to sell between him and landlord - Held, tenant has to prove the execution of agreement to sell with the landlord - Civil court already held sale agreement as not proved - Tenant, thus cannot claim that..........
Notaries Public Rules, 1956, Rule 11(2) -- Notarized document - Proof of execution - In absence of producing of notarial register wherein entry of notarization was made there is no proof of execution of document before him...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption has to be drawn that cheque was drawn for consideration and that it was executed for discharge of debt or liability once its execution is proved or admitted - Presumption will live, exist and survive and shall end only when the contrary is proved that cheque was not issued for..........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - A decision rendered without jurisdiction would be coram non juris - Objection in regard to jurisdiction may be taken at any stage - A decree passed by a Court without jurisdiction is a nullity and that its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon, even at the stage..........
Will -- Execution - Proof - Execution must be proved by at least one of the attesting witness, if an attesting witness is alive and subject to the process of the Court and capable of giving evidence - Where Will is challenged on the ground of fraud, coercion or undue influence, the burden of proof is on the caveator...........
Will -- Suspicious circumstances - (i) The signature of the testator may be very shaky and doubtful or not appear to be his usual signature; (ii) The condition of the testator's mind may be very feeble and debilitated at the relevant time; (iii) The disposition may be unnatural, improbable or unfair in the light of relevant circumstances like exclusion of or absence of..........
Will -- Registered Will - Execution - Proof - By itself does not mean that the statutory requirements of proving the Will need not be complied with...........
Will -- Suspicious circumstances - When a doubt is created in regard to the condition of mind of the testator despite his signature on the Will - When the disposition appears to be unnatural or wholly unfair in the light of the relevant circumstances - Where propounder himself takes prominent part in the execution of Will which confers on him substantial benefit - These..........
