Indian Penal Code, 1860, Section 307 -- Attempt to murder - Intent coupled with some overt act in execution thereof is sufficient to base conviction u/s 307 IPC - It is not essential that bodily injury capable of causing death should have been inflicted - Nature of injury actually caused gives considerable assistance to know the intention of accused but intention can also..........
Will -- Suspicious Circumstances - (i) Testator taken from village to office of Registrar for execution of Will, but no respectable person of village associated when Will was scribed (ii) Beneficiary took a active participation in execution of Will (iii) All attesting witnesses are of the choice of beneficiary, one of the attesting witness close relative (iv) Testator was..........
Agreement to sell -- Specific performance - Ready and willing - If certain payments are made after the execution of the agreement from time to time, this would satisfy the requirement of S.16(c) of Specific Relief Act. (Specific Relief Act, 1963, S.16(c)...........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 41, Rule 5 -- Execution - Stay - Executing Court can stay execution of decree for a reasonable time only in two circumstances (i) to approach the same Court which passed the decree and to get an order of stay of operation of decree; (ii) to enable a party to file an appeal and get order of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Framing of issues - Not necessary when sale is made during pendency of suit as purchaser is bound by the decree. (Transfer of Property Act, 1882, S.52)..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary Party - Declaration regarding civil death - Suit for partition against a person who is missing for more than 7 years - Impleading as party to suit claimed on the basis of Will executed by said person - Execution of Will denied by legal heirs of said person - Till the Civil Court declares a person to be civilly dead..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Signatures admitted - Circumstances explained under which promissory note was signed - Execution denied - Does not tantamount to proof of execution of promissory note - Statutory presumption of passing consideration as provided u/s 118 of the Act cannot be drawn...........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Unregistered Wills - Doubtful execution - First in favour of son, second in favour of son, daughter & wife - Execution of Wills doubtful - Where there is doubt in execution of unregistered Will it is mandatory for Revenue Officer to sanction mutation as per natural succession - Beneficiary of Will to approach civil..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of J.D. - Decree holder satisfied Court that J.D. has neglected to pay decretal amount having sufficient means - Arrest and detention of J.D. in civil prison cannot be refused on the ground that D.H. has alternative remedy of attachment of his properties - J.D. can choose any of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Sale deed to be executed on 10.7.96 - Suit for permanent injuction filed before the stipulated date - Subsequent suit for specific performance - Right to enforce specific performance accured only after date stipulated for execution of sale deed - Suit not barred under Order 2 Rule 2...........
