Will -- Role of attesting witness in execution of Will - Not required to have knowledge of contents of Will - Attesting witness is a witness of the fact that testator has signed or thumb marked the will in his presence - No provision of law under which attesting witness must have knowledge about contents of will - Lack of knowledge of contents of will of the attesting..........
Evidence Act, 1872, Section 67 -- Registered sale deed - Execution denied - Onus is on plaintiff to prove the sale deed - Execution is to be proved in terms of S.67 Evidence Act - Failure of plaintiff to discharge the burden - Suit rightly dismissed...........
Agreement to sell -- Company - Resolution - Execution of agreement not denied - Even in the absence of resolution contract cannot be held to be invalid or illegal...........
Specific Relief Act, 1963, Section 15, Contract Act, 1872, Section 63, Limitation Act, 1963, Article 54 -- Agreement to sell - Sale deed to be executed after clearance of title of vendor - Dispute as to titled resolved - Vendor failed to get sale deed executed within stipulated period despite repeated asking of vendee - Assurance by vendor to honour agreement -..........
Companies Act, 1956, Section 48 -- Contract by company - Seal of company - Requirement - Directors of company entered into agreement to sell - All five directors executed the agreement - Seal of company not affixed on the agreement - Execution of agreement not denied - Company may still be held liable having regard to nature of transaction and authority of those who had..........
Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Suit land in possession of proposed vendee as lessee - Vendor sold land to other person - Suit for specific performance by 1st vendee - Plea of bonafide purchaser for consideration - Agreement and consideration duly proved by plaintiff - Lease registered & incorporated in revenue records - Subsequent..........
Specific Relief Act, 1963, Section 19(b) -- Subsequent purchaser - Bonafide purchaser for valuable consideration without notice - Subsequent purchaser has to be vigilant before execution of sale deed - Recital in sale deed that plaintiff is in possession of suit land as a lessee - It is a sufficient notice that land is not free from all encumbrances - Subsequent purchaser..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution proceedings - `J' was not party in the main complaint filed by the complainant - There was no question of `J' being ordered to pay the decretal amount in place of her husband merely at the asking of the original holder - Executing Court cannot go beyond the decree - It has to executed decree as per the award..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99 -- Execution - Death of D.H. - Inter se dispute between L.R's - Cannot be adjudicated in execution proceedings as the dispute does not pertain to execution - Inter se dispute between L.R's of decree holder is to be decided in a separate suit - Even one of the L.R's can execute the decree...........
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99, Civil Procedure Code, 1908, Section , Order 22, Rule 5 -- Adjudication of inter-se dispute between legal heirs of decree holder - Suit for possession - Plaintiff died during pendancy of second appeal - One of the legal heirs impleaded as legal representative of deceased plaintiff on the basis of unregistered..........
