Agreement to sell -- Not required to be attested - For any reason if such an agreement is attested then it is not incumbent upon parties to examine the attestors and non examination of such attestors does not vitiate the very execution of the agreement. (Evidence Act, 1872, S.72)...........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation of inheritance - Rival claims on the basis of Registered and Unregistered Wills - Attesting witness of registered Will denied execution - Will not proved beyound doubt - Courts below rightly sanctioned mutation of the land according to natural succession leaving question of genuineness of Wills to be decided by Civil..........
Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 100 -- Suit for specific performance - Discretion of Court - Once an agreement is rendered unexecutable by execution of a valid sale deed in terms of decree of Court on another agreement of sale, Court has no alternative but to resort to grant alternative relief of damages or compensation - Whether..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 92(3) -- Execution - Plaintiff exhausted all his remedies u/s 47 and relevant rules of O.21 of CPC to get auction sale as order of confirmation of sale set aside - Separate suit to set aside sale is barred by S.47 & O.21.R.92 CPC...........
Civil Procedure Code, 1908, Section 47, Haryana Relief of Agricultural Indebtedness Act, 1989, Section 3, 4, 17, Banking Regulation Act, 1949, Section 21A -- Agricultural Loan - Loaner's liability to pay agreed interest - Entitlement of DH to more than double of principal amount - Discharge of debt - Can executing court go beyond decree by virtue of sec. 17 of Act of 1989..........
Will -- Proof of execution - Onus of proof to establish that Will was validly executed by the testator is on the person who is a beneficiary there under. Evidence Act, 1872, Section 68, Indian Succession Act, 1925, Section 63...........
Civil Procedure Code, 1908, Order 21, Rule 90, 95, Limitation Act, 1963, Section 5 -- Execution - Auction sale - Objections beyond period of limitation - Liable to be rejected summarily - Application for condonation of delay is not maintainable in a proceeding arising U.O.21 of the Code...........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Starting point - Limitation starts from the date, meant for execution, and where no such date is agreed upon, from the date of refusal, by the concerned party...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature in cheque - Admission of signature in cheque is not equivalent or synonymous with admission of execution - By mere admission of signature right of accused to contend that a blank signed cheque was misutilised by the payee is not taken away...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Misutilisation of blank signed cheque - Sending cheque to handwriting expert - Admission of signature in cheque is not equivalent or synonymous with admission of execution - Magistrate directed to forward the cheque to expert for comparison if accused wants the admitted handwritings/specimen writings to..........
