Will -- Execution - Proof - It is for the propounder of the Will to prove that Will was signed by the testator, that the testator at the relevant time was in a sound and disposing state of mind, that he understood the nature and effect of the dispositions and put his signature to the document of his free will - If Will is surrounded by suspicious circumstances then it is..........
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3, Succession Act, 1925, Section 214(1)(b) -- Execution - Death of decree holder - Impleading of legal heirs - Succession certificate is essential...........
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 22, Rule 3, Succession Act, 1925, Section 214 -- Execution - J.D. deposited decretal amount - Decree holder died before withdrawal of amount - Succession certificate to withdraw amount is not required...........
Evidence Act, 1872, Section 68 -- Sale deed - Execution - Proof - Requirement of examining at least one attesting witness to prove execution - Not necessary where document, not being will, is registered, execution of which by person by whom it purports to have been executed has not been denied - Held, merely because person who had executed sale deed had denied vendee's..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- At the time of filing execution petition one of the J.D's was not alive and his L.R's not impleaded - Auction sale - Sale can be challenged u/s 47 CPC it being a pre-sale illegality - Not necessary to file an application U.O.21.R.90 CPC...........
Criminal Procedure Code, 1973, Section 389(1) -- Suspension of order of conviction - Power of appellate court - Held, besides High Court's power u/s 482 Cr.P.C. every appellate court, exercising jurisdiction u/s 389(1) Cr.P.C. has power to suspend not only execution of sentence, but also operation of order of conviction...........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Agreement executed at place `H' and part of cause of action accrued within the jurisdiction of Court at place `D' - Suit can be instituted at either of the two places - Mere execution of agreement at place `H' does not take away the jurisdiction of Court at place `D' where a part of cause of action has arisen...........
Civil Procedure Code, 1908, Order 21 & -- Execution - Res judicata - Principles of res judicata are applicable to execution proceedings - There cannot be successive petitions for execution of a decree which is already recorded as fully satisfied...........
Civil Procedure Code, 1908, Order 21 -- Execution - Petition for execution of decree closed after recording satisfaction of the decree for putting up the boundary - Subsequent execution petition is not barred by principle of res judicata as a judgment debtor who demolishes a boundary put up in execution of a decree for fixation of boundary is not entitled to insist that..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Fraud and misrepresentation - Particulars - Execution of agreement to sell denied - Same alleged to be result of fraud and misrepresentation - Particulars of fraud and misrepresentation not given - Plea not accepted...........
