Limitation Act, 1963, Article 54 -- Specific performance - Cause of action arose when the defendants refused to comply the notice for execution of sale deed - Suit filed within three years thereof - Held, suit is not time barred...........
Civil Procedure Code, 1908, Order 21, Rule 37, 38, 39, 40 -- Execution - Arrest warrant - For issuance of arrest warrant Court has to adopt the procedure prescribed U.O.21.Rr.37 to 40 CPC - There must be material to prove that J.D. is avoiding the payment despite the fact that he has sufficient means to pay and then Court has to pass appropriate order issuing the warrant..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18, Limitation Act, 1963, Article 136, 137 -- Application to send decree and papers to Collector to carry out partition - Not an application for execution - Since it is not an application for execution as such Articles 136 & 137 of Limitation Act are not applicable...........
Civil Procedure Code, 1908, Section 54 -- Provision of S.54 CPC provides for a ministerial functions of a Court - It cannot be termed to be an execution proceeding...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Exparte decree of restitution of conjugal rights against wife - Intimation of decree never given to wife - Decree not put to execution - Held, wife does not become disentitled to get maintenance allowance from her husband due to non compliance of exparte decree for restitution of conjugal rights...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Exparte decree of restitution of conjugal rights in favour of husband - Decree never put into execution nor its intimation given to wife - Order granting maintenance to wife not liable to be interfered with - However, if wife had knowledge of decree and she wilfully disobeyed the directions of Court then she is..........
Will -- Suspicious circumstances - Admission by appellant that testator was an office bearer of Arya Samaj Society and rendered service to Samaj as a cashier till October-November 1998 - Will executed in the month of July - Held, appellants admission proves that testator was in good health, both mental and physical as on the date of execution of Will...........
Will -- Execution - Proof - Registration of Will though not a conclusive proof, does lend some support to the authenticity of the Will even though to a limited extent...........
Will -- Suspicious circumstances - Propounder playing a dominant role in the execution of Will and one of the attesting witness being his friend - Merely because propounder had accompanied his father to office of Sub Registrar at time of execution of Will or that one of attesting witnesses of Will happens to be a friend of propounder - By itself, does not render Will..........
Registration Act, 1908, Section 17 -- Presumption of execution - There is a presumption that registered document is validly executed - A registered document therefore prima facie would be valid in law - Onus of proof would be on a person who leads evidence to rebut this presumption...........
