Civil Procedure Code, 1908, Order 21, Rule 50, Civil Procedure Code, 1908, Order 30, Rule 6 -- Decree against firm - Can be executed against partner individually who had been served with notice of suit and had appeared in suit individually - Personal property of such partner when attached in execution of decree against firm and he not objecting to same then objection..........
Civil Procedure Code, 1908, Order 21, Rule 46(B) -- Executing Court - Power of - Execution of money decree - O.21.R.46-B authorises Executing Court to direct garnishee (Bank) to pay "amount due from him (garnishee) to judgment-debtor" - Under circumstances direction given to create liability for bank, rather than to pay any debt amount or deposit amount of judgment-debtor..........
Limitation Act, 1963, Section 15(1), Article 136 -- Decree of specific performance - Execution in respect of half share stayed in a suit filed by third party - D.H. can claim benefit of excluding time of continuance of injunction order in its entirety, even though injunction order staying execution was operative only in respect of half of suit land as provision of S.15(1)..........
Will -- Attesting witness - Not read the Will - Attesting witness is a witness of the factum of execution of Will and not the contents thereof - Held, there is no substance in the plea that since the attesting witness is not aware of the contents of the Will hence he is not a reliable witness...........
Will -- Suspicious circumstances - Testator died within three weeks of execution of Will - Held, mere fact that testator if dies after sometime by itself is not a suspicious circumstance to discard the Will...........
Agreement to sell -- Suit for specific performance - Relief of specific performance - When ever there is proof of execution of agreement to sell and readiness and willingness on the part of plaintiff is proved then unless the enforcement of specific performance result into unfairness, the specific performance has to be ordered...........
Agreement to sell -- Suit for specific performance - Money not offered at the time of execution of sale deed - Merely for this reason plaintiff cannot be held to be not ready and willing to perform his part of contract when there are necessary pleadings to this effect and there is nothing on record to doubt bonafide statement of plaintiff on oath that he is ready and..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Plaintiff ready to pay the balance sale price - Amount of Rs.15, 000/- and Rs.4302/- alleged to be paid by plaintiff, after execution of agreement to sell, not proved - Held, in view of attending circumstances and conduct of plaintiff finding that plaintiff is ready and willing to perform his part of contract..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque admitted - Presumption u/ss 118 and 139 of the Act is available that cheque was issued towards repayment of loan...........
Will -- Sound disposing mind - Will when once proved then there is no further onus on the propounder to prove that the testator was in a sound disposing mind at the time of execution of Will - When Will is challenged on the ground of testator's mental incapacity, then onus lies on the person so alleging and he is required to prove the same by leading evidence to that..........
